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Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)
Revision as of 19:56, 5 August 2020
, 19:56, 5 August 2020→1. Extrajudicial Measures
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Extrajudicial measures (EJM) are an alternative to the formal court process. The principles applicable to the use of EJM’s are set out in section 4 of the ''YCJA''. There is a presumption that EJM’s are adequate to hold a young person accountable for his or her offending behaviour if the young person has committed a non-violent offence and has not previously been found guilty of an offence. | Extrajudicial measures (EJM) are an alternative to the formal court process. The principles applicable to the use of EJM’s are set out in section 4 of the ''YCJA''. There is a presumption that EJM’s are adequate to hold a young person accountable for his or her offending behaviour if the young person has committed a non-violent offence and has not previously been found guilty of an offence. | ||
However, it may also be appropriate even if there has been a prior use of EJM’s or a prior finding of guilt. The addition of section 4.1(1) from Bill C-75 sets out the direction that EJM’s are also adequate to hold a young person accountable in certain cases of breach of sentencing conditions or failure to appear at court, subject to the violations not having caused harm or safety concerns to the public or the young person having a history of failures or breaches. ( | However, it may also be appropriate even if there has been a prior use of EJM’s or a prior finding of guilt. The addition of section 4.1(1) from Bill C-75 sets out the direction that EJM’s are also presumed to be adequate to hold a young person accountable in certain cases of breach of sentencing conditions or failure to appear at court, subject to the violations not having caused harm or safety concerns to the public or the young person having a history of failures or breaches. S 4.1(2) of Bill C-75 sets out that EJM’s should be used if they are adequate to hold the young person accountable for their failure to appear or refusal. If EJM’s are inadequate, the next measures the court should consider before proceeding with a charge are 1) issuing an appearance notice for a judicial referral hearing, or 2) applying for a review of the youth sentence. Only once these measures are deemed inadequate should the court proceed with a charge. | ||
Section 5 of the ''YCJA'' outlines the objectives of EJM's. EJM’s should be designed to: | Section 5 of the ''YCJA'' outlines the objectives of EJM's. EJM’s should be designed to: | ||
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**to warn the young person | **to warn the young person | ||
**to administer a caution, or | **to administer a caution, or | ||
**to refer the young person to a program or agency in the community. | **to refer the young person to a program or agency in the community (with the consent of the young person). | ||
**''Bill C-75 states that a police officer must consider whether one of these EJM’s will be sufficient before taking any other action''. | |||
*To Crown Counsel are (s 8): | *To Crown Counsel are (s 8): | ||
**to administer a caution. | **to administer a caution. | ||
