YJCA Flashcards
YJCA definition of child:
child is less than 12 years old
CFSA definition of child:
Child is less than 18 years of age
young person in YJCA :
between 12 years old and 18 years old.
what is protocol when dealing with children under the age of 12 in the wps:
refer them/ get them into the turnabout program
use the turnabout form on niche
monitor and provide intervention
members will make referrals based on invest
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How can officers proceed under the YJCA?
Formal (court)
or
Non-formal (EJM’s)
consider EJM’s first***
what is an EJM?
extra judicial measures
The YJCA indicates that Police MUST consider EJM prior to starting a judicial proceedings, what are the benefits ?
- Measures are often most appropriate
- Effective and Timely intervention
- Faster response to youth crime
- hold young person accountable for the crimes that are not violent in nature, and have not previously found guilty of an offence
Types of EJM’s?
Police measures (we have control) and Crown sanctions (we don't have control)
When do we NFPAR:
must be minor in nature
Dealt with prior to police involvement
No victim(s)
Victim does not want to proceed
No previous involvement
Young person displays good attitude
family stable
Restitution cannot be an issue
When do we issue a police warning for youth?
1st offence common assault
Property crime , 5000$ (excludes SV)
Communication for the Purpose Prostitution
1st offence Arson (no risk to life)
Public mischief
Provincial statutes/ City- bylaws
Fraud
CDSA
Discretion of Sgt. Based on circumstances
RESTITUTION CANNOT BE AN ISSUE
Your actions are considered a Disposition. That means:
you cannot change reopen the investigation and change the outcome once you decide to use a measure.
Any admissions accepting responsibility by the young person as a condition of being dealt with by an EJM are:
inadmissible in civil or criminal court proceedings
Youth Crown Measures:
Extrajudicial Sanctions (EJS’s)
Sanctions may be imposed by the Crown if Police cannot adequately deal with it by way of a Police Warning.
Sanctions are utilized when the young person cannot be adequately dealt with by way of Police Warning
(e.g. seriousness of the offence, nature or number of previous offences)
Members that cannot deal with a young person by way of a Warning, but believe Sanctions would be appropriate, then;
1) follow existing arrest procedures
2) Add comment to your report, for the Crowns attention, indicating that Sanctions would be appropriate
EJS: there are three types of sanctions that a youth Crown can utilize:
1) Crown Caution Letter
2) Referral to a Community Program
3) Community Justice Forum
Serious offences:
these offences cannot be dealt by way of EJM or EJS
Serious Violent Offences
Young Person causes of attempts to cause serious bodily harm to someone - for which an adult is liable to imprisonment for more than two years
Tha MB Government has indicated that this may be either physical or mental, depending of the circumstances
what is the extra thing we do when we arrest a youth person?
steps 1-5 are still the same, we just have to notify a parent or guardian.
what is the youth waiver form?
used to inform young person, in writing, of the Police Caution and Charter of Rights.
Provides the young person with means of waiving their rights in writing.
Before anything said by the young person is admissible in court, they must waive their rights in writing.
when do we complete a young person waiver form?
how many times do we do the young person waiver form?
every time we arrest a young person
every time the are C+C’ed
Failing to show that the young person waived their rights or understood will lead to:
statements being inadmissible
we ______ show that they had:
MUST , reasonable opportunity to consult a lawyer, parent, relative or other adult
what must we do every time we arrest or charge a youth :
notify parents in writing or orally
it must be documented that we did so.
CFSA Apprehension of a child in need of protection 21(1):
a peace officer who on reasonable and probable grounds believes that a child is in need of protection, may apprehend the child without a warrant and take the child to a place of safety where the child may be detained for examination and temporary care and be dealt with in accordance with the provisions of this Part.
CFSA Entry without a warrant in certain cases 21(2):
a peace officer who on reasonable and probable grounds believes
(a) that a child is in immediate danger; or
(b) that a child who is unable to look after and care for himself or herself has been left without any responsible person to care for him or her;
may, without warrant and by force if necessary, enter any premises to investigate the matter and if the child appears to be in need of protection shall
(c) apprehend the child and take the child to a place of safety; or
(d) take such other steps as are necessary to protect the child.
