How is a Youth Offence Handled?
In Canada, youth offenses are handled under the Youth Criminal Justice Act (YCJA), which outlines specific procedures and principles for dealing with young offenders between the ages of 12 and 17. Here’s how youth offenses are typically handled:
Police Intervention: When a young person is suspected of committing a crime, the police may intervene by warning, cautioning, or apprehending the youth. They may also choose to refer the youth to alternative programs or services rather than laying formal charges.
Laying of Charges: If the police decide to lay formal charges, the youth may be issued a summons to appear in youth court or may be taken into custody. The police must inform the young person of their rights, including the right to legal counsel.
Youth Court Proceedings: Youth criminal cases are heard in youth court, which operates separately from adult criminal court. The proceedings are generally less formal and focus on rehabilitation rather than punishment. The youth is entitled to legal representation, and their case may be heard by a judge alone or by a judge and a youth justice court judge.
Sentencing: If the youth is found guilty of the offense, the judge will determine an appropriate sentence based on the principles of the YCJA. The emphasis is on rehabilitation, reintegration, and holding the young person accountable for their actions. Sentencing options may include community service, restitution, probation, attendance at a youth justice committee, or custody in a youth detention facility.
Alternative Measures: In some cases, rather than going through the formal court process, the youth may be diverted to alternative measures such as extrajudicial sanctions or programs aimed at addressing the underlying causes of their behavior and preventing further involvement in crime.
Sealing of Records: In many cases, youth criminal records are not made public and are sealed after a certain period of time, or if the youth has completed their sentence and shown rehabilitation. This is intended to give young offenders a fresh start and prevent the stigma associated with a criminal record from following them into adulthood.
Overall, the goal of the youth criminal justice system in Canada is to balance accountability with rehabilitation and to address the underlying factors that contribute to youth offending, with a focus on promoting positive outcomes and reducing reoffending.