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Difference between revisions of "Provincial Offences under the Youth Justice (British Columbia) Act (2:IV)"
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Provincial Offences under the Youth Justice (British Columbia) Act (2:IV) (view source)
Revision as of 17:15, 18 August 2021
, 17:15, 18 August 2021→A. Definition of Young Person and the Effect of Age on Proceedings
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The original ''Young Offenders (British Columbia) Act'', RSBC 1996, c 494 [“''YO(BC)A''”] was proclaimed on May, 1984 to complement the federal ''Young Offenders Act''. In April, 2004, the ''YO(BC)A'' was replaced with the ''Youth Justice Act'', SBC 2003, c 85 [“''YJA''”]. The ''YJA'' imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' updates the provisions of the ''YO(BC)A'' in order to reflect new practices within the youth criminal justice system, as well as to render the provincial legislation more consistent with the federal ''YCJA''. The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as to create a small number of new offences. Under the previous ''YO(BC)A'', probation was the harshest sentence imposed on young persons, but under the new ''YJA'', young persons may face jail time for six different offences. This legislation is not often used, and so only a brief overview is provided below. | The original ''Young Offenders (British Columbia) Act'', RSBC 1996, c 494 [“''YO(BC)A''”] was proclaimed on May, 1984 to complement the federal ''Young Offenders Act''. In April, 2004, the ''YO(BC)A'' was replaced with the ''Youth Justice Act'', SBC 2003, c 85 [“''YJA''”]. The ''YJA'' imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' updates the provisions of the ''YO(BC)A'' in order to reflect new practices within the youth criminal justice system, as well as to render the provincial legislation more consistent with the federal ''YCJA''. The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as to create a small number of new offences. Under the previous ''YO(BC)A'', probation was the harshest sentence imposed on young persons, but under the new ''YJA'', young persons may face jail time for six different offences. This legislation is not often used, and so only a brief overview is provided below. | ||
== A. Definition of Young Person | == A. Definition of Young Person == | ||
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 they were a young person or who is found guilty of an offence under the YCJA. | |||
== B. Notice to Parents == | == B. Notice to Parents == | ||
