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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)
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=== 2. Extrajudicial Sanctions === | === 2. Extrajudicial Sanctions === | ||
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). | 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 ''YCJA''). | ||
EJS’s may be used only if(s 10(2)): | EJS’s may be used only if(s 10(2)): | ||
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#the sanctions are considered appropriate having regard to the needs of the young person and the interests of society; | #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, 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 | #the young person has, before consenting to be subject to the EJS, been advised of their 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; | #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; | #there is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; | ||
#the prosecution of the offence is not in any way barred at law. | #the prosecution of the offence is not in any way barred at law. | ||
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 | 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 them 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). | ||
== G. Court Process == | == G. Court Process == | ||
