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Topic: Young Offenders Act

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In the News (Thu 21 Mar 19)

  Young Offenders Act (86-13e)
Young offenders are to be tried by "youth courts," courts designated by the government of a province (or, in the Territories, the Governor in Council) to deal with adolescents.
Young persons are said not to be as accountable for their acts as are adults, but even so they must "bear responsibility for their contraventions." Society must be afforded protection from illegal behaviour, although it does have a responsibility to take measures to prevent criminal conduct by youth.
A young person also has the right to be assisted by an adult who is not a lawyer, on request and with the court's consent; and to have counsel independent of his or her parents, where their interests may conflict.
www.parl.gc.ca /information/library/PRBpubs/8613-e.htm   (6189 words)

 Justice Canada -Youth Justice in Canada
The Young Offenders Act applied to those between the ages of 12 and 17, protecting offenders under the age of 12 from any threat of prosecution (under the previous Act offenders as young as seven could be charged).
Canadians took issue with several aspects of the act including the minimum age it created, the light maximum sentences, and conflicting interests guiding the decision to transfer a youth to adult court (the needs of the youth were to be considered alongside the public’s safety).
For example clause 38,2,d of the act states – “all reasonable alternatives to custody should be considered, particularly in the case of aboriginal youth…”, Clause 38,e,i states a sentence should – “be the least restrictive sentence that is consistent with the overall goal of youth sentencing”.
www.justicemonitor.ca /youthoffenders.htm   (1105 words)

A young person who ran afoul of the law was to be "dealt with, not as an offender, but as one in a condition of delinquency and therefor requiring help and guidance and proper supervision".
The Young Offenders Act provides that parents have responsibility for the care of their children and that young persons should only be removed from the care of the home when necessary.
The Young Offenders Act requires police to tell a young person that he or she is under no obligation to give a statement and that any statement given by him may be used as evidence in court proceedings.
lawyers.ca /dharris/yoaycja.htm   (8702 words)

 BCCLA Position Paper: Commentary on the Young Offenders Act, 1996
The young person, before the statement is made, be given a reasonable opportunity to consult with counsel or a parent, or in the absence of a parent, an adult relative, or in the absence of a parent and an adult relative, any other appropriate adult chosen by the young persons; and
Given the dubious long term benefits of prosecuting first-time young offenders in the criminal justice system and concerns about the effects of stigmatizing a young person as a criminal, there is a problem with using a youth’s own admission as evidence of their guilt.
If society is going to place the young offender within the hands of the adult justice system at sentencing, it follows that the accused youth should be able to avail himself of some of procedural due process options even if the trial occurs in youth court.
www.bccla.org /positions/children/96yoa.html   (3495 words)

 John Howard Society of Alberta - A Guide to the Young Offenders Act in Alberta - Cover Page
Where the young person has been detained (held) in custody after an arrest, the first court appearance will, in most cases, be concerned with the granting of bail (release into the community under certain conditions) or the continued detention of the young person until trial and sentencing.
A young person who willfully fails or refuses to comply with (breaches) the terms of his or her probation may be charged with a summary offence.
Young persons sentenced to custody for less than one year can have their cases reviewed after serving 30 days of their sentence or after they have served one-third of their sentence, whichever is longer.
www.johnhoward.ab.ca /PUB/Guide/cover.htm   (8399 words)

 Report 104 (2005) - Young Offenders - Law Reform Commission : Lawlink NSW
A young offender is entitled to be dealt with by caution if the investigating official determines that the matter is not appropriate for a warning or the offence is one for which a warning may not be given.
To the extent that the young offender is entitled to have his or her identity and identifying facts of the case concealed, this right must be protected in the disclosure of the court’s reasons.
However, almost invariably, cautions given at the court proceedings stage are as a result of the young offender having refused to make the necessary admissions at the police investigation stage and then later changing his or her mind and pleading guilty.
www.lawlink.nsw.gov.au /lawlink/lrc/ll_lrc.nsf/pages/LRC_r104chp06   (3776 words)

 Young Offenders Act - Wikipedia, the free encyclopedia
The Young Offenders Act was a 1984 act of the Parliament of Canada, now obsolete, that regulated the criminal prosecution of Canadian youths.
The act was repealed in 2002 with the passing of the Youth Criminal Justice Act.
The act established the national age of criminal responsibility at 12 years old, and said that youths can only be prosecuted if they break a law of the Criminal Code (previously, youths could be prosecuted or punished solely on the grounds that it was in the youth's "best interests").
en.wikipedia.org /wiki/Young_Offenders_Act   (277 words)

 The Young Offenders Act - History and Important Sections
Young persons charged with criminal offences are dealt with in Youth Court.(s.5) In Ontario, Youth Court Judges are judges of the Ontario Court (Provincial Division), the same judges who deal with adults for all adult summary offences and those adult indictable offences tried before provincial judges.
Young persons charged with relatively minor criminal offences, such as shoplifting, may be eligible for alternative measures programmes unique to each province.
Bail hearings for young persons are essentially the same as they are for adults, except that adolescents are generally not released on their own recognizance.
www.lawyers.ca /sbiss/pages/yoa.htm   (1537 words)

 Forensic Glossary - Y
YOA does not apply to provincial laws such as liquor or traffic laws" (John Howard Society of Alberta, 1995).
The Act reflects a balanced approach to youth justice that aims to instil values such as accountability, responsibility and respect.
The Act includes more effective, targeted measures to deal with both serious, violent offences and the vast majority of youth offences which are less serious" (Department of Justice Canada, 2003).
www.forensiceducation.com /sourcebooks/glossary/y.htm   (449 words)

 Canadian Young Offenders Law. Criminal Lawyers.
Discriminating against offenders under 18 "promotes the view that the young person is less worthy of recognition as a member of Canadian society," Judge Davis said.
The YCJA is applicable to young persons aged 12 to 17 at the time of the alleged offence.
Young persons are to be held accountable through interventions that are fair and in proportion to the seriousness of the offence.
www.canadianlawsite.ca /young-offenders.htm   (1173 words)

 Mapleleafweb.com: Youth Criminal Justice Act - The Young Offenders Act
The Young Offenders Act’s purpose was to shift from a social welfare approach to making youth take responsibility for their actions.
Under the original 1984 Young Offenders Act, the maximum sentence for crimes that would not be punishable by a life sentence if committed by an adult was two years.
Under the Young Offenders Act, the maximum age at which a youth could be prosecuted as a juvenile varied from province to province, and between genders in certain cases (Alberta set the maximum age at sixteen for boys, and eighteen for girls).
www.mapleleafweb.com /features/crime/youth-act/young-offenders-act.html   (648 words)

 Ottawa to scrap Young Offenders Act
Parents of young offenders also face up to two years in jail if they promise to supervise a young offender but fail in the task.
The Young Offenders Act has attracted strong criticism ever since it came into force 15 years ago, with many people believing it is too gentle with young criminals.
Young people in Canada are thrown into jail at four times the rate of adults, and twice the rate of most U.S. states.
www.cbc.ca /canada/story/1999/03/10/youngoff990310.html   (637 words)

 Young Offenders Act - now repealed available at golishlaw.com
(1.1) A young person who is detained in a place of temporary detention pursuant to subsection (1) may, in the course of being transferred from that place to the court or from the court to that place, be held under the supervision and control of a peace officer.
(2) Every young person who is arrested or detained shall, forthwith on his arrest or detention, be advised by the arresting officer or the officer in charge, as the case may be, of his right to be represented by counsel and shall be given an opportunity to obtain counsel.
(b) where the young person does not signify his consent to plead guilty and does not plead guilty, or where the court is not satisfied that the facts support the charge, the young person shall, if he was detained in custody prior to his appearance, be returned to custody and dealt with according to law.
www.golishlaw.com /statutes/yoa.htm   (10766 words)

 Minister of Justice Reintroduces Youth Criminal Justice Act   (Site not responding. Last check: )
They want a system that prevents crime by addressing the circumstances underlying a young person's offending behaviour, that rehabilitates young people who commit offences and safely reintegrates them into society, and that ensures that a young person is subject to meaningful consequences for his or her offences.
The Act includes more effective, targeted measures to deal with both serious, violent offences and the vast majority of youth offences which are less serious.
Provisions in the Act also formally recognize and support the important role of victims, families and communities in dealing with youth crime.
canada.justice.gc.ca /en/news/nr/2001/doc_25946.html   (519 words)

Young people, they argued, were denied rights to due process, to be represented by a lawyer, to appeal, to cross-examine witnesses, to be informed about charges against them and to participate in legal proceedings.
For example, the YOA deals with such matters as: the creation, retention and destruction of records; the identification of young offenders by the media; guidelines on the photographing and fingerprinting of young offenders by the police; and access by the public to youth court proceedings.
While the YOA requires young offenders to be held in facilities separate and apart from adults, this does not, in our view, require sending youth hundreds of miles from their homes.
www.ajic.mb.ca /volumel/chapter15.html   (16486 words)

 Report 104 (2005) - Young Offenders - Law Reform Commission : Lawlink NSW
The bail criteria for young people should specify that the court, when assessing whether to grant or refuse bail, must have regard to the nature of the place where the young person will be detained in custody if bail is refused.
The Government should establish a Working Party to consider the provision of bail accommodation for young people, to identify the issues and problems pertaining to bail accommodation and to establish those areas most in need of increased bail accommodation, with the express aim of ensuring that no young person is held in remand unnecessarily.
For this purpose, “young offender” means a person who was under the age of 18 years when the offence was committed and under the age of 21 years when charged before a court with the offence.
www.lawlink.nsw.gov.au /lawlink/lrc/ll_lrc.nsf/pages/LRC_r104rec   (1402 words)

It actively seeks to steer young offenders away from the court by directing them to alternative forms of intervention.
The option taken depends on the seriousness of the offence, the degree of violence involved, the harm caused to the victim, the attitude of the young person to the offence and whether the young person admits to the offence.
The Act aims to make young offenders take responsibility for their actions, acknowledge the rights of the victim, avoid the cost and time of a court appearance and - most importantly - steer young offenders away from detention.
www.youth.nsw.gov.au /youth_links/links/your_legal_rights/the_young_offenders_act   (177 words)

 injusticebusters 2003 > > Young Offenders
In less than three weeks, the much-maligned federal Young Offenders Act will be replaced by the Youth Criminal Justice Act and a set of sweeping changes quietly ushered in to radically different effect, depending upon the province and how warmly it has or has not embraced Ottawa's new vision, across the country.
In fact, it was because of complaints from provincial attorneys-general that Ottawa delayed implementation of the new Act for more than a year, ostensibly to give provinces time for training.
But for serious, violent offences -- which are only a tiny percentage of youth crime, he said -- what the new Act attempts to do, "and it is intended to be a profound change," is ensure that immature young people aren't criminalized for minor breaches.
www.injusticebusters.com /2003/young_offenders.htm   (858 words)

 Faze Articles - Young Offenders Act
The federal justice minister spoke at a youth justice conference as her proposed young offenders legislation was under scrutiny in the House of Commons in Ottawa.
She says that calls for tougher sentences for young offenders are a simplistic answer to a complex problem.
The Reform party wants the age of offenders covered by the law to be lowered to 10 from 12 and says youth older than 15 should be automatically transferred to adult court.
www.fazeteen.com /summer2000/crime.htm   (1114 words)

 The Great Young Offenders Act Debate, Canada Youth Justice Court Law and Lawyers
Young Offenders Court is held in courtroom #204 at the Brampton Ontario Court of Justice at 7755 Hurontario street in Brampton, Ontario.
Brampton young offenders are not young offenders unless and until they have been found guilty by a youth court justice sitting in Brampton Youth Justice Court.
Young persons charged with crimes in Canada are charged with the same crimes as adults.
www.lawyers.ca /tgyad/index.htm   (226 words)

 Young Offenders Act   (Site not responding. Last check: )
Nunavut Act with respect to the Nunavut Court of Justice, An Act to amend the
(2) Subsection 29(6) of the Judges Act, as enacted by subsection 85(2), is repealed.
The definition "judge of the Court" in section 2 of the Territorial Lands Act, as enacted by section 136, is repealed.
laws.justice.gc.ca /en/1999/3/602.html   (721 words)

 Youth Criminal Justice Act - Wikipedia, the free encyclopedia
The Youth Criminal Justice Act is a piece of Canadian legislation passed in 2002 that determines the way in which youths are prosecuted under Canada's criminal justice system.
In a situation such as shoplifting, the police may simply talk with the young person and evaluate what he or she did wrong or the police could bring the youth home or call the parent or guardian.
Under The Young Offenders Act they were called "Alternative Measures Programs." These programs are intended to help youths learn from their mistakes before they develop criminal records and in some programs the young person apologizes to the victim.
en.wikipedia.org /wiki/Youth_Criminal_Justice_Act   (1008 words)

 Young Offenders ACT Conferencing
Together, the offender and victim must agree on a suitable outcome that can range from an apology to reimbursement or community work.
The convener invites the offender's family or supporters to talk about their thoughts on what happened.
The young offender considers an outcome with his or her family or supporters.
www.policensw.com /info/gen/y3.html   (261 words)

 Fixing the young offenders act
The majority on the court may believe young offenders have a "fundamental" right to separate, lax treatment.
Two-thirds of all youth crimes -- and nearly all the violent offences -- are committed by those young people with five or more crimes on their records.
And since the justices did not rule out the imposition of harsh penalties for all young offenders, the government has room to introduce get-tough amendments that will protect the public from the worst of the worst young offenders.
www.canada.com /nanaimodailynews/news/opinion/story.html?id=0709b83e-318b-44cc-884f-05c04c0bfd4a   (205 words)

 CBC News Indepth: Crime: Youth Criminal Justice Act
Prior to the Juvenile Delinquents Act in 1908, young offenders were treated much like adults – they were held with adults while awaiting trial and received the same sentences as adults.
The Young Offenders Act in 1984 was an attempt to establish a tighter legal framework by allowing charges on specific offences, and by placing responsibility for the offence on the offender.
It was criticized on many counts: for being too soft on the offender; for lacking a clear philosophy on youth justice in Canada; for inconsistent and unfair sentences; for not properly addressing serious and violent offences; for an overuse of the court system; and for not giving enough recognition to the victims.
www.cbc.ca /news/background/crime/ycja.html   (641 words)

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