Youth Criminal Justice System
When a young person is charged with an offence, there are different considerations imposed by the statute that govern the consequences for the offending behaviour. The objectives of the Youth Criminal Justice System are to prevent crime, ensure meaningful consequences for offending behaviour and rehabilitate and reintegrate the young person. Unlike the previous legislation (Young Offender Act), the Youth Criminal Justice Act states that the purpose of sentencing is to hold a young person accountable for the offence committed by imposing meaningful consequences and promoting the rehabilitation and reintegration of the young person. Some offences in the Criminal Code had a minimum sentence and some offences have a maximum sentence, depending upon the nature of the offence. The YCJA applies to those under the age of 18 at the time of committing the offence. The focus of sentencing for young persons often stresses rehabilitation and the reintegration of a young offender back into his community as opposed to more punitive sentences. Young persons charged with criminal offences are dealt with in Youth Court. In Ontario, Youth Court are judges of the Ontario Court, Provincial Divisions. These are the same judges who also deal with certain adult offences. If you are a youth charged with an offence it is important that you contact a criminal lawyer with experience in youth matter.
Alternate Measures or Diversion
Young persons charged with relatively minor criminal offences, such as shoplifting, may be eligible for Alternative Measures programs. In the appropriate case, upon discussion with the Crown or submissions to the Court the criminal charges may be withdrawn or stayed upon a young person’s undertaking to do community service work, write apologies, make restitution, write papers or other public service. Again, contact an experienced criminal lawyer to discuss your options if you are a youth arrested for a crime.
