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

== F. Alternatives to the Court Process: Extrajudicial Measures and Sanctions ==

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:

 

Both summary and indictable offences (in exceptional circumstances) may be considered for EJM’s.  

*To a Police Officer are:

**to take no further action

**to warn the young person

**to administer a caution, or

**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.  

 

Extrajudicial sanctions (EJS) may be used where the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances make a warning, caution, or referral inadequate (s 10).  

 

#they are part of a program of sanctions authorized by the Attorney General;

#the sanctions are considered appropriate having regard to the needs of the young person and the interests of society;

#the young person, having been informed of the EJS, fully and freely consents to be subject to it;

#the young person has, before consenting to be subject to the EJS, been advised of his or her right to be represented by counsel and been given a reasonable opportunity to consult with counsel;

#the young person accepts responsibility for the act or omission that forms the basis of the alleged offence;

#there is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence.

This procedure commonly involves an interview with a youth worker (through the local probation office), who will recommend a plan to the prosecutor that may include conditions such as counselling, restitution, community service, victim offender mediation, or an apology. Section 10(3) precludes EJS’s in circumstances where the young person denies culpability or expresses a desire to have the charges proceed against him or her in youth justice court. Statements accepting responsibility, made as a condition of being dealt with through EJS’s, are not admissible in evidence in any subsequent civil or criminal proceedings (s 10(4)). If EJS’s are imposed, the person who administers the program must inform the parents of the young person about the sanctions (s 11). Victims, upon request, are entitled to be informed of the identity of the young person and how the offence was dealt with when an EJS is used (s 12).