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Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"

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{{LSLAP Manual TOC|expanded = youth}}
{{LSLAP Manual TOC|expanded = youth}}


== A. Who does the act apply to? ==
== A. Applicable Age ==
=== A. Applicable Age ===
A “Child” is defined in Section 2(1) of the ''YCJA'' as a person who is, or, in the absence of evidence to the contrary, appears to be less than 12 years old.  The ''CC'' states in Section 13 that no person under the age of twelve years will be convicted of an offence.  
A “Child” is defined in Section 2(1) of the ''YCJA'' as a person who is, or, in the absence of evidence to the contrary, appears to be less than 12 years old.  The ''CC'' states in Section 13 that no person under the age of twelve years will be convicted of an offence.  


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Section 14(5) states that the ''YCJA'' applies to persons 18 years old or older who are alleged to have committed an offence while a young person.  Section 14(4) states that extrajudicial measures taken or judicial proceedings commenced against a young person may be continued after the person attains the age of 18 years.
Section 14(5) states that the ''YCJA'' applies to persons 18 years old or older who are alleged to have committed an offence while a young person.  Section 14(4) states that extrajudicial measures taken or judicial proceedings commenced against a young person may be continued after the person attains the age of 18 years.


=== 2. Applicable Court for Young Person ===
== B. Applicable Court for Young Person ==
Under section 2(5) of the ''Provincial Court Act'', RSBC 1996, c 379, the Provincial Court is designated as the Youth Justice Court for the purposes of the ''YCJA'', and a provincial court judge is a Youth Justice Court judge. The superior court of British Columbia has concurrent jurisdiction as a youth justice court where the Crown is seeking an adult sentence for a young person.
Under section 2(5) of the ''Provincial Court Act'', RSBC 1996, c 379, the Provincial Court is designated as the Youth Justice Court for the purposes of the ''YCJA'', and a provincial court judge is a Youth Justice Court judge. The superior court of British Columbia has concurrent jurisdiction as a youth justice court where the Crown is seeking an adult sentence for a young person.


== B. Declaration of Principle ==
== B. Declaration of Principle ==
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