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Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)
Revision as of 19:19, 19 August 2018
, 19:19, 19 August 2018→1. Extrajudicial Measures
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=== 1. Extrajudicial Measures === | === 1. Extrajudicial Measures === | ||
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: | 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. Section 5 of the YCJA outlines the objectives of EJM's. EJM’s should be designed to: | ||
* provide an effective and timely response to offending behaviour, | * provide an effective and timely response to offending behaviour, | ||
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Both summary and indictable offences (in exceptional circumstances) may be considered for EJM’s. | Both summary and indictable offences (in exceptional circumstances) may be considered for EJM’s. | ||
Forms of EJM available: | Forms of EJM available (s.6): | ||
*To a | *To a police officer are: | ||
**to take no further action | **to take no further action | ||
**to warn the young person | **to warn the young person | ||
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**to refer the young person to a program or agency in the community. | **to refer the young person to a program or agency in the community. | ||
*To Crown Counsel are: | *To Crown Counsel are: | ||
**section 8 of the YCJA allows Crown Counsel to administer a caution. | **section 8 of the YCJA allows Crown Counsel to administer a caution. | ||
=== 2. Extrajudicial Sanctions === | === 2. Extrajudicial Sanctions === | ||