Criminal Offences: Youth Criminal Justice Act (2:III): Difference between revisions
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Criminal Offences: Youth Criminal Justice Act (2:III) (view source)
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, 1 September 2021→H. Sentences
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=== 1. Youth Sentences === | === 1. Youth Sentences === | ||
The purpose and principles of sentencing under the ''YCJA'' are set out in sections 3 and 38 of the Act. The purpose of sentencing is to hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote | The purpose and principles of sentencing under the ''YCJA'' are set out in sections 3 and 38 of the Act. The purpose of sentencing is to hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote their rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public (s 38(1)). The principles of sentencing are set out in section 38(2) and include: | ||
<ol type="a"> | <ol type="a"> | ||
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<li>Subject to paragraph (c) the sentence must: | <li>Subject to paragraph (c) the sentence must: | ||
*be one that is the least restrictive, the most likely to rehabilitate and that will promote a sense of responsibility in the young person and an acknowledgement of the harm done to the victim(s) and society. None of these factors should be considered in isolation from each other, the other principles in 38(2), or the purposes and objectives of the act as a whole. | *be one that is the least restrictive, the most likely to rehabilitate and that will promote a sense of responsibility in the young person and an acknowledgement of the harm done to the victim(s) and society. None of these factors should be considered in isolation from each other, the other principles in 38(2), or the purposes and objectives of the act as a whole. | ||
*e.1. Any condition imposed as a part of the sentence can only be imposed | *e.1. Any condition imposed as a part of the sentence can only be imposed if it is necessary to achieve the purpose set out in s 38(1), if the young offender would reasonably be able to comply with it, and if it is not used as a substitute for appropriate child protection, mental health or other social measures.</li> | ||
<li>Subject to paragraph (c), the sentence may have the objective to denounce unlawful conduct and deter the young person from committing offences.</li> | <li>Subject to paragraph (c), the sentence may have the objective to denounce unlawful conduct and deter the young person from committing offences.</li> | ||
</ol> | </ol> | ||
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The ''YCJA'' allows for a delay in the imposition of a custody order where appropriate. In these instances, the probation order commences prior to the custody order and stipulates that the custody sentence begin immediately after the designated period of delay (s 42(12)).</li> | The ''YCJA'' allows for a delay in the imposition of a custody order where appropriate. In these instances, the probation order commences prior to the custody order and stipulates that the custody sentence begin immediately after the designated period of delay (s 42(12)).</li> | ||
</ol> | </ol> | ||
While in custody a young person, with the assistance of a youth worker, must plan for | While in custody a young person, with the assistance of a youth worker, must plan for their reintegration into the community, including the preparation and implementation of a reintegration plan that sets out the most effective programs for the young person in order to maximize their chances for reintegration in the community (s 90(1)). | ||
Section 76(2),''YCJA'' prohibits young persons under the age of 18 years from serving any portion of their custodial sentence in either a provincial correctional facility for adults or a penitentiary. A young person who is serving a youth custodial sentence may be transferred to an adult correctional facility if the Court considers it to be in the best interests of the young person or in the public interest (s 92). A young person who turns 20 years old while serving a custodial sentence will be transferred to an adult facility (s 93). A young person who has reached the age of 20 at the time the custodial youth sentence is imposed will be committed to a provincial correctional facility for adults (s 89(1)). | Section 76(2),''YCJA'' prohibits young persons under the age of 18 years from serving any portion of their custodial sentence in either a provincial correctional facility for adults or a penitentiary. A young person who is serving a youth custodial sentence may be transferred to an adult correctional facility if the Court considers it to be in the best interests of the young person or in the public interest (s 92). A young person who turns 20 years old while serving a custodial sentence will be transferred to an adult facility (s 93). A young person who has reached the age of 20 at the time the custodial youth sentence is imposed will be committed to a provincial correctional facility for adults (s 89(1)). | ||
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====Section 19 Conferences==== | ====Section 19 Conferences==== | ||
A Youth Justice Court may convene a conference under section 19 for recommendations as to an appropriate sentence (ss 41 and 19). Conferences can be an effective means of coordinating services, broadening the range of perspectives on a case, and arriving at more creative and appropriate resolutions. Conferences can be composed of a number of different people, including the victim the accused, | A Youth Justice Court may convene a conference under section 19 for recommendations as to an appropriate sentence (ss 41 and 19). Conferences can be an effective means of coordinating services, broadening the range of perspectives on a case, and arriving at more creative and appropriate resolutions. Conferences can be composed of a number of different people, including the victim the accused, their parents, members of the justice system, and community resource professionals. The conference may elicit advice on decisions such as a suitable extrajudicial measure, a condition for release from pre-trial detention, appropriate sentencing and plans for reintegrating the young person back into the community after release from custody. | ||
=== 2. Adult Sentences === | === 2. Adult Sentences === | ||
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<ol type="a"> | <ol type="a"> | ||
<li>The presumption of diminished moral blameworthiness or culpability of the young person is rebutted (s 72(1)(a)), and</li> | <li>The presumption of diminished moral blameworthiness or culpability of the young person is rebutted (s 72(1)(a)), and</li> | ||
<li>A youth sentence would not be of sufficient length to hold the young person accountable for | <li>A youth sentence would not be of sufficient length to hold the young person accountable for their behaviour (s 72(1)(b)).</li> | ||
</ol> | </ol> | ||
Although youths can be sentenced as adults the sentencing guidelines are not strictly the same as those that would be utilized in sentencing an adult. In [http://canlii.ca/t/1r1sv ''R v Pratt'', 2007 BCCA 206], the British Columbia Court of Appeal recognized that the court must consider the principles of sentencing in section 3 YCJA when sentencing a youth, including a youth who receives an adult sentence. | Although youths can be sentenced as adults the sentencing guidelines are not strictly the same as those that would be utilized in sentencing an adult. In [http://canlii.ca/t/1r1sv ''R v Pratt'', 2007 BCCA 206], the British Columbia Court of Appeal recognized that the court must consider the principles of sentencing in section 3 YCJA when sentencing a youth, including a youth who receives an adult sentence. | ||
