5,416
edits
Difference between revisions of "Criminal Offences: Youth Criminal Justice Act (2:III)"
From Clicklaw Wikibooks
Criminal Offences: Youth Criminal Justice Act (2:III) (view source)
Revision as of 19:37, 29 August 2016
, 19:37, 29 August 2016→1. Extrajudicial Measures
| Line 34: | Line 34: | ||
=== 1. Extrajudicial Measures === | === 1. Extrajudicial Measures === | ||
Extrajudicial measures are an alternative to the formal court process. The principles applicable to the use of | 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. EJM's should be designed to i) provide an effective and timely response to offending behaviour; ii) to encourage young persons to acknowledge and repair the harm caused; iii) to encourage families of the young persons and the community to become involved in the design and implementation of those measures; iv) to provide an opportunity for victims to participate in decisions; and v) to respect the rights and freedoms of young persons and be proportionate to the seriousness of the offence. | ||
Both summary and indictable offences (in exceptional circumstances) may be considered for | Both summary and indictable offences (in exceptional circumstances) may be considered for EJM's. | ||
Forms of | Forms of EJM available: | ||
*To a Police Officer are: i) to take no further action; ii) to warn the young person; iii) to administer a caution; or iv) to refer the young person to a program or agency in the community. | *To a Police Officer are: i) to take no further action; ii) to warn the young person; iii) to administer a caution; or iv) to refer the young person to a program or agency in the community. | ||
*To Crown Counsel are: section 8 of the YCJA allows Crown Counsel to administer a caution. | *To Crown Counsel are: section 8 of the YCJA allows Crown Counsel to administer a caution. | ||
