Federal Law Youth Criminal Justice Act Part One

Question 1

What age groups fall under the YCJA?

Answer 1

People 12-17 years of age

Question 2

Definition of a young person for YCJA?

Answer 2

A person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old. (s2 YCJA)

Question 3

Can an officer arrest someone under the age of 12?

Answer 3

Yes, but cannot charge under 12

Question 4

What Section of YCJA is the declaration on principles?

Answer 4

Section 3 (1)

Question 5

What section of the C.C states a child under 12 cannot be charged criminally?

Answer 5

Section 13 of the C.C

Question 6

If you arrest a 19 year old for a criminal offence that took place when he was 17, would he now be tried as an adult?

Answer 6

No, the offence was committed at the age of 17 and would be tried with that age in mind

Question 7

Definitions:

Conference

Answer 7

A group of persons who are convened to give advice in accordance with section 19

Question 8

Definitions:

Answer 8

means an offence under one of the following provisions of the Criminal Code:

(a) section 231 or 235 (first degree murder or second degree murder);

(b) section 239 (attempt to commit murder);

(c) section 232, 234 or 236 (manslaughter); or

(d) section 273 (aggravated sexual assault).

Question 9

Definitions:

Violent Offence

Answer 9

means

(a) an offence committed by a young person that includes as an element the causing of bodily harm;

(b) an attempt or a threat to commit an offence referred to in paragraph (a); or

(c) 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.

Question 10

Definitions:

Extrajudicial measures

Answer 10

Measures other than judicial proceedings under this Act that are used to deal with a young person alleged to have committed an offence and includes extrajudicial sanctions.

Question 11

Types of extrajudicial measures:

Answer 11

• Taking no further action

-A warning from the police

• A caution from the police
• A referral from the police
• A crown caution
• An extrajudicial sanction

Question 12

Can you arrest a ten year old for hitting someone with a bat

Answer 12

Yes, you can arrest but cannot charge

Question 13

When you arrest a 14 year old for theft under $5,000.00
where is your arrest authority found?

a.) Criminal Code

b.) YCJA

Answer 13

Criminal Code

YCJA is procedural law while Criminal Code is substantive