Adults are expected to understand be fully accountable for their actions. Therefore, young persons should be treated differently from adults. Serious offences are defined as an indictable offence under an Act of Parliament for which the maximum punishment is five years or more. If you are charged with a serious offence, violent offence or serious violent offence, this can impact:.
This website provides general legal information only. It does not provide legal or professional advice. See Disclaimer for more information. Copyright Legal Resource Centre of Alberta. Last Reviewed: January Why is there a special law to deal with young persons? Violent offences are defined as: an offence committed by a young person that includes as an element the causing of bodily harm; an attempt or threat to commit such an offence; or an offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm.
If the young person fails to comply with the terms and conditions of the sanction, the case may proceed through the court process. Extrajudicial sanctions must be applied through a program approved by the Attorney General. If a young person's case is not resolved through extrajudicial measures, it will be dealt with in youth court.
When a young person is charged with an offence, he or she may remain in the community or, if the court deems it necessary, be kept in custody until the trial takes place. Being held in custody while awaiting trial is known as pre-trial detention. If a youth pleads guilty or is found guilty of a criminal offence, the youth court judge must determine the appropriate sentence.
The purpose of youth sentences is to hold the young person accountable by imposing sanctions that have meaningful consequences and that promote rehabilitation and reintegration. The YCJA provides youth court judges with many different sentencing options to deal with the full range of youth crime. These include both community-based sentences -- where the youth serves his or her sentence in the community, often under strict conditions -- and custody sentences, which include both a period of time in a youth custody facility and a period of community supervision.
The maximum length of youth sentences ranges from two to ten years, depending on the offence committed and the type of sentence imposed. Under the YCJA, custody sentences are intended primarily for violent offenders and serious repeat offenders. The YCJA also allows judges to impose an intensive rehabilitative custody and supervision order if a youth has been found guilty of a serious violent offence and is suffering from a mental, psychological or emotional disorder.
In these cases, an individualized treatment plan is developed for the young person. While in most cases judges impose one of the youth sentencing options in the YCJA, the Act does allow judges to impose an adult sentence on a youth who is found guilty of a serious offence and was 14 years of age or older when the crime was committed.
In fact, prosecutors are obligated to consider seeking an adult sentence when a youth is found guilty of murder, attempted murder, manslaughter or aggravated sexual assault. The YCJA requires that youths be treated separately from adults and that it be recognized that youths have diminished moral blameworthiness. When dealing with youth, there must be an emphasis on:. What are "meaningful consequences? Measures to deal with youth crime should:. What rights and freedoms do youth have?
Youth have due process rights, including the right to be heard and participate in decisions that affect them. They also have the rights and freedoms under the Charter of Rights and Freedoms. Are there any special considerations in respect of proceedings under the YCJA? What is rehabilitation? Rehabilitation addresses the problems that led the youth to commit the crime, so that he or she does not commit further offences.
The YCJA does not apply to offences covered under the laws of your provinces. Although the YCJA will not apply to you if you are under 12, you must remember that there may be consequences for illegal behaviour. For example, if you have stolen from a store you may not be allowed to go there in the future. Also, although you will not be held criminally responsible, there are other laws for example, under the Child and Family Services Act or other child protection or mental health laws that could have other consequences.
The system only applies to laws passed by the federal government. The most important of these are the criminal and drug laws. These are examples of offences that are covered by provincial laws not federal laws. Each province will make sure there are still consequences for young people who commit these offences, but they will not be handled under the YCJA.
The YCJA does not apply to truancy absence from school without a good reason , unless you break a probation or bail order that has a condition that you must attend school.
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