Youth Criminal Justice Act Flashcards
Under the YCJA, what is considered a young person?
12-17
Under YCJA, what is Declaration of Process, what section is it under YCJA?
DECLARATION OF PRINICPLES S. 3(1)(a) YCJA
Extra-judicial measures often the most appropriate and effective was to address youth crime
Allow effective and timely intervention to correct behaviour
EJM adequate to hold young person, committing a non-violent office, accountable for behaviour and has not previously been found guilty of an offence
Under YCJA, what is Extra Judicial Measures? What section is it under?
EXTRA JUDICIAL MEASURES s. 6(1) YCJA
o Used for young persons committing non-violent/non-serious offence and not previously been found guilty of an offence
o Police officers initiate EJM in lieu of charging
What are the objectives of EJM?
OBJECTIVES OF EJM:
Effective and timely
Encourage YP to acknowledge and repair harm to victim and community
Encourage involvement of family and community Victim participation in decisions
Respect rights of young persons Proportionally to the offence
Under the YCJA what section deals with Rights to Counsel, what section is it under?
RIGHTS TO COUNSEL s. 25 YCJA
o YP has Right to Counsel at any stage of proceedings
o Get them to repeat it back and write it down
o If YP unable to obtain counsel, court is required to direct counsel be provided (Cannot waive counsel)
Under YCJA what section deals with notices and which forms require statement of right to counsel printed on them?
NOTICES S. 25(9) YCJA
Outlines all the forms requiring the statement of right to counsel printed on them:
Form 9, Form 6, Warrant to arrest, Form 10, Undertaking 11.1, Recog.
Form 11, Any notice to young person, Notice of review if youth sentence given to YP and Notice to parent or Guardian
When should parents be notified under the YCJA? What section deals with Notice to Parents?
NOTICE TO PARENT s. 26 YCJA
o Upon arrest/detention:
OIC give or cause to be given notice ASAP in writing or orally
Reason for arrest Place of detention
o If charged:
• Summons or Appearance Notice issuing officer will give Notice in writing
• Promise to Appear or Recognizance, the OIC will give notice in writing
What section of the YCJA deals with Extra-Judicial Sanctions?
EXTRA-JUDICIAL SANCTIONS s. 10 YCJA
More formal than Extra-Judicial Measures
EJS should NOT be used if warning, caution or referral would be enough
Proceeded by the Crown Prosecutor after Police charge
What section of the YCJA deals with conferences? When can it be called?
CONFERENCES s. 19 YCJA
Police, judge, JP, Prosecutor, Provincial director, Youth worker may call to give advice on EJM, conditions for release, sentences, reintegration plans and other matters.
Can be called at any time in the Youth Justice Process
What are the 4 serious violent offences (MAMA)
SERIOUS VIOLENT OFFENCES (MAMAS)
Murder (1st or 2nd Degree) Attempt Murder Manslaughter
Aggravated Sex Assault
Serious violent offence
Under the YCJA what section deals with Sentencing Principles and what is its aim?
SENTENCING PRINICPLES s. 38(1) YCJA
Fair and proportionate response to offence
Hold YP accountable through meaningful consequences and promote rehabilitation and reintegration
Long term protection of the public
What are the restrictions on custody, and what section is it under in the YCJA?
SENTENCING – RESTRICTIONS ON CUSTODY S. 39(1) YCJA
The court shall not commit YP to custody unless: Violent offence
Fail to comply with non-custodial sentences
Indictable offence – Adult would receive 2 years + AND
history/pattern of EJS or findings of guilt or both
