Debunking the Youth Criminal Justice Act for Young Offenders
The Youth Criminal Justice Act is a federal law involving Canada’s youth justice program. The law is applicable to youth between the ages of 12 and 17 who break the law. The Act was introduced in 2003 and amended later in 2012 to make it more effective in addressing violent and repeat offenders.
Principles of the YCJA
The YCJA holds that the youth criminal program is meant to protect the community by preventing crime, holding young offenders accountable, and promoting rehabilitation of the youth. It states that the youth criminal program should be separate from the adult program. Furthermore, the justice system for the youth should be based on the assumption that the youth are less morally liable than adults. The law acknowledges that youth should be made to account for their mistakes but in a manner that takes into consideration their low level of maturity and greater dependency. The YCJA further provides that the youth criminal justice program should implement procedures that make sure young people’s rights are protected and that they receive fair treatment.
The Sentences Available to the Youth Under the Act
According to the YCJA, youth sentences include:
• Absolute and conditional discharges
• Fines
• Intensive support and supervision
• Intensive rehabilitative custody and supervision
• Community Service
• Probation and judicial reprimands
Youth Records
Youth records are documents connecting the youth to criminal cases. Youth records contain all information kept in court, non-government agency, and police records regarding a person’s involvement with the youth criminal system. Youth records are broader than adult criminal records, which contain information regarding specific crimes on a police computer data base.
How Long Does a Youth Record Last
The closure of a youth’s criminal record is dependent on:
• The crime committed
• The sentence given for the crime
• Whether an individual has committed other crimes
For example, if you get an absolute discharge sentence, your youth record will be closed after one year. If you get a conditional discharge sentence, your youth record will be closed after three years. The period within which a youth record remains open is known as the “access period.” During this period, only the court, police, and other persons listed in the YCJA have access to the youth record.
If you are a youth charged with a crime, you can count on Julian van der Walle, a criminal defence lawyer operating in Penticton BC. Van der Walle defends individuals against reckless driving and drug charges ranging from possession, trafficking, and production of drugs.
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