Behavioural Sciences and the Law, 17: 455–465, Obtained July 27, 2009. Canada. 2002. 2008. Retrieved July 27, 2009. C.D. Subsection (1) (d) defines one of these criteria and states that custodial sentences may be used in those exceptional cases where the youth has committed an indictable offense. The Act section 42 (2) (q) outlines the following pertaining to custody and supervision for 1st and 2nd degree murder[148] Offenders found guilty of 1st degree murder will get a maximum sentence of 10 years, including a maximum custody period of 6 years and a period of conditional supervision in the community. Contains some of the same themes as the YCJA. 2008. [108] Conditions for a discharge might also include undergoing counselling, doing community service work or donation to a charity. Retrieved July 26, 2009, Bala, Nicholas. Bill C-25", "We couldn't find that Web page (Error 404) - Department of Justice / Nous ne pouvons trouver cette page Web (Erreur 404) - Ministère de la Justice", "Youth Criminal Justice Law - Essential of Canadian Law", "Le portail de la Justice au Canada - Votre portail de l'actualité judiciaire au Canada avec des articles, actualités, informations pour vous aider", "Angry Facebook Users Illegally Leaked the Names of Accused Underage Murderers",, All Wikipedia articles written in Canadian English, Wikipedia articles in need of updating from January 2020, All Wikipedia articles in need of updating, Pages using collapsible list with both background and text-align in titlestyle, Articles with unsourced statements from August 2009, Wikipedia articles needing clarification from November 2009, Creative Commons Attribution-ShareAlike License. Thomas, J. Toronto: Irwin Law. Canada. Offences for which an adult would receive life imprisonment, except murder, are subject to a three-year maximum for the young offender. 2009. Department of Justice. [46][47] According to section 146 (2) (b) of the Act, Young persons under the age of 18 must have their rights explained by the officer in a language appropriate to their age and level of understanding. [45], Every accused person in Canada has the right to be informed of their rights and what they are being charged of, according to the legal rights of the Arrest and Detention section of the Charter of Rights and Freedoms. Department of Justice Canada . Department of justice Canada. [60] An adult sentence can be imposed on a young person who is found guilty of an offence for which an adult can be sentenced to imprisonment for more than two years if the offence was committed after a young person is fourteen years of age. [79] Thus, as defined in 39 (1) (d), custodial sentences and imprisonment and to be used only in response to offences that are indictable and when non-custodial sentences are inappropriate with regards to the circumstances and the nature of the offence.Overall the YCJA is an effective program used for the youths. Retrieved July 25, 2009. [55] The notice must include under section 26(6) the following information: (a) the name of the young person (b) the charge against the young person and (c) a statement that the young person has the right to be represented by counsel. Youth Criminal Justice Act. Origins of the Newly Proposed Canadian Youth Criminal Justice Act: Political Discourse and the Perceived Crisis in Youth Crime in the 1990s. Department of Justice Canada. Department of Justice. Retrieved July 26, 2009. The counsel to represent the young individual is to be appointed by the Attorney General according to the section 25(5) of the Youth Justice Act. [161] Department of Justice Canada. Department of Justice Canada. Youth Criminal Justice Act, S.C. 2002, c. 1. Victims right advocate Jack McLaughlin said “The (YCJA) promotes violence and promotes dishonesty among young people because it’s a shield for them against the justice system,” McLaughlin said. John Howard Society of Canada. [8], Under Part 1 of the Act, extrajudicial measures are used for responding to less serious youth crimes in a timely and effective manner. [132], Sentencing Options 42(2)(n) Marinos, V., & Innocente, N. (2008). Youth Criminal Justice Act. An Act in respect of criminal justice for young persons and to amend and repeal other Acts. YCJA Youth Sentencing. Youth, Crime, and Society: Issues of Power and Justice. [75] Under the Youth Offenders Act, pre-trial detention was on the rise and Canada, out of the western countries, had one of the highest youth incarceration rates. Department of Justice Canada.2008. Also, the judges must take into account any rehabilitative concerns that would alter the nature and reduce the severity of the sentence by mitigating factors. Retrieved July 25, 2009.
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