Youth Justice Glossary (2:App A)

From Clicklaw Wikibooks



Adult

  • means a person who is neither a young person nor a child.

Adult Sentence

  • in the case of a young person who is found guilty of an offence, means any sentence that would be imposed on an adult who has been convicted of the same offence.

Attorney General/Crown Counsel

  • means the government agency or agents who prosecute offences under the Youth Criminal Justice Act, Youth Justice Act (BC) and the Criminal Code.

Child

  • means a person who is or, in the absence of evidence to the contrary, appears to be less than 12 years old.

Conference

  • means a group of persons who are convened to give advice in accordance with s 19.

Extrajudicial Measures

  • means measures other than judicial proceedings under the YCJA used to deal with a young person alleged to have committed an offence and includes extrajudicial sanctions.

Extrajudicial Sanction

  • means a sanction that is part of a program referred to in s 10.

Offence

  • means an offence created by an Act of Parliament.

Parent

  • includes any person who is under a legal duty to provide for the young person or who has, in law or in fact, custody or control of the young person. However, this does not include a person who has custody or control of the young person by reason only of proceedings under the Youth Criminal Justice Act or Youth Justice Act.

Pre-sentence Report

  • means a report on the personal and family history and present environment of a young person made in accordance with s 40.

Publication

  • means the communication of information by making it known or accessible to the general public through any means, including print, radio or television broadcast, telecommunication or electronic means.

Serious Offence

  • means an indictable offence under an Act of Parliament (i.e. Youth Criminal Justice Act or Criminal Code) for which the maximum punishment is imprisonment for five years or more.

Serious Violent Offence

  • means an offence under one of the following provisions of the CC:
    • s 231 or 235 (first degree murder or second degree murder),
    • s 239 (attempt to commit murder),
    • s 232, 234, or 236 (manslaughter), or
    • s 273 (aggravated sexual assault).

Violent Offence

  • means
    • an offence committed by a young person that includes causing bodily harm as an element of the offence;
    • an attempt or a threat to commit an offence that includes causing bodily harm as an element of the offence; or
    • an offence during which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm.

Young Person

  • means a person who is or, in the absence of evidence to the contrary, appears to be 12 years old or older, but less than 18 years old and, if the context requires, includes any person who is charged under the YCJA with having committed an offence while he or she was a young person or who is found guilty of an offence under the YCJA.

Youth Custody Facility

  • means a facility designated under subsection 85(2) for the placement of young persons.

Youth Sentence

  • means a sentence imposed under sections 42, 51, 59 or 94-96 of the YCJA.
© Copyright 2017, The Greater Vancouver Law Students' Legal Advice Society.


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