young offender: youth 12-17

Juvenile delinquents act: Original name for YCJA. “Delinquent” is thought to be loaded and labeled offenders. 

young offenders act: replaced the juvenile delinquents act. “Offender” also thought to be labeling

Youth criminal justice act: The current name that replaced the youth offenders act  

objectives of YCJA: 

1. Promoting accountability, responsibility, and consequences for all youth crimes

2. Supporting long term solutions to youth crime and reinforcing social values such as respect, responsibility, and accountability.

3. Respecting national and international human rights protections for children, while protecting public safety

4. Streamlining and making youth justice more flexible so that cases take less time and so that provinces can develop their own unique measures

age of criminality: 12 years old. (JDA had it as 7) 0-11: child (no responsibility), 12-17: youth (partial responsibility), 18+: adult (full responsibility) 

changes of the YCJA: Expanded the role of rehabilitation programs for offenders. Also introduced much stiffer penalties and sentences for violent youth crimes. Any youth over the age of 14 accused of a violent act (murder, manslaughter, aggravated sexual assault) can be treated and sentenced as a adult. 

Rights of youths: Same as adults: Right to remain silent (to not make a statement), not to self incriminate, to see a lawyer, AND to have a parent or guardian present during questioning, to not have their name publicized (unless serious), to be tried in youth court (unless serious). Youth who decide to ignore these rights must sign a statement. 

extrajudicial and alternative measures program: for nonviolent, first time offenders unlikely to reoffend (ex. theft, mischief, common assault). 

Purpose of the extrajudicial and alternative measures program:  to rehabilitate youth who have come in conflict with the law

Programs in the extrajudicial and alternative measures program: Apologizing and returning stolen goods, work to compensate for damage, community service, counseling, drug and alcohol treatment, special school programs. 

Arrest and detention: serious offenses require police to arrest youth in a similar matter to adults. 

Foster homes/house arrest: if risk of reoffending is high, youth may be sent before trial or sentencing. House arrest requires one to remain at home during set hours.

Parental or guardian involvement: must be notified as soon as possible after their child is detained or arrested. If guilty, parents must be given opportunities to provide input prior to sentencing. Judge can order parents to attend hearings. Those who promise to supervise and fail to do so can face criminal charges. 

Privacy of hearings: Public and media are allowed to attend trials, but identity cannot be disclosed UNLESS 14-17 and committed serious, violent crimes. If considered dangerous, their photographs and names can be published. 

Transfer to adult court: Youth must have been 14 or older at the time the offense was committed and be accused of a serious/violent crime or be a repeat offender. When transferred, they can receive severe adult sentences. Transferred when Crown believes the offense requires a adult punishment 

criminal records: Police must destroy photos and fingerprints if charges are dismissed or proceedings discontinued. Youth justice court records are not destroyed automatically when youth reaches 18. Can be used in adult bail hearings and sentencing. After certain periods of time though, they are made unavailable. If youth receive an adult sentence, they are treated the same way as adult records. 

Custody- most serious sentence. Used when youth is seen as a danger to society and other types of sentences have failed. 

Open Custody: For those who need more supervision/structure in their lives at home. Include foster or group homes, childcare facilities, residential wilderness programs. Foster homes=youth lives with another family with a few restrictions. Parents receive payments and volunteer. Group homes=trained staff to house several offenders at the same time. 

Closed/Secure custody: For serious, violent offenses or have a history of offenses and judged as a threat to society. Last resort. Restricted freedoms and little community contact.