Youth criminal court
In Youth criminal court, judges deal with young persons aged 12 through 17 who are charged with criminal offences. The Court applies statutes like the Criminal Code<p><span lang="EN-US">Criminal Code of Canada (CCC)</span><span lang="EN-US"> is the federal law that applies across Canada and sets out criminal offences, sentences and how a criminal case proceeds. A judge must follow the law in the </span><span lang="EN-US">Criminal Code</span><span lang="EN-US">.</span><span> </span></p> and the special procedures for young people established by the Youth Criminal Justice Act<p>The federal law dealing with youth offenders aged 12 to 17.</p>.
Youth Criminal Justice Act
The Youth Criminal Justice Act (YCJA<p>See Youth Criminal Justice Act</p>) assigns the Provincial Court as the Youth Court for British Columbia. The YCJA recognizes that young people should be treated differently from adults because they have less maturity and greater dependency. It calls for a youth criminal justice system that:
Commands respect
Takes into account the interests of victims
Fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration
Reserves its most serious intervention for the most serious crimes and reduces the over-reliance on incarceration for non-violent young persons
The YCJA provides for the appointment of a lawyer for anyone under 18 charged with an offence under a federal law like the Criminal Code. In these circumstances a young person may apply for legal aid<p><span lang="EN-US">Free legal information, advice and representation for people who cannot afford a lawyer and who qualify for the services. Provided by Legal Aid BC. </span><span> </span></p> in order to get a lawyer.
Sentencing youth
The YCJA sets up a separate system for the treatment of youths aged 12 to 17 who are facing criminal charges under federal laws like the Criminal Code.
This system takes into account that due to their age, young people are more vulnerable, less mature and may have a lower capacity for moral judgment than adults. Because they are not fully developed, young people are presumed to be less to blame than adults.
The goal of the YJCA is to treat young people fairly and yet hold them responsible for their actions. It encourages the repair of harm done to victims and the community, and requires judges to sentence<p><span lang="EN-US">A court order setting out the consequences of being convicted of a crime. Sentences may include fines, community supervision or jail. </span><span> </span></p> youth differently from adults. To achieve the YCJA's goal of rehabilitating and reintegrating youths back into society, a wide range of sentences are possible, including:
Reprimand (a warning)
Discharge<p><span lang="EN-US">When a person is found guilty or pleads guilty, but the judge decides that a conviction and criminal record are not necessary. A discharge may be absolute (with no conditions) or conditional (with rules imposed in a probation order). </span><span> </span></p>
Fine
Compensation
Restitution<p><span lang="EN-US">Money a judge orders an offender to pay to a victim for financial losses the victim suffered because of the offender’s crime. This might cover, for example, lost wages or damaged property. </span><span> </span></p>
Community service
Probation for up to two years
An intensive support and supervision order that provides closer supervision and support than a probation<p><span lang="EN-US">Being supervised in the community and following certain rules (conditions) as part of a sentence.</span><span> </span></p> order
A custody and supervision order for up to two years (two-thirds is spent in custody and one-third is spent on conditional supervision in the community)
For certain violent offences, a custody and supervision order for up to three years (part is spent in custody and part in conditional supervision in the community)
A deferred custody and supervision order for up to six months (the sentence is served in the community as long as the youth complies with conditions)
A custody and supervision order of up to ten years for first degree murder and up to seven years for second degree murder
An intensive rehabilitative custody and supervision order which is usually for up to two years but may be three years for certain serious offences. This special sentence for serious violent offenders is intended to provide a youth with the treatment they need
Many of these sentences will include participation in therapeutic programs.
The YCJA only permits a judge to sentence a youth to custody (jail) in certain cases, for example, for violent offences. Every order of custody must be followed by a period of community supervision to help the young person to avoid re-offending in the future.
In rare cases, Crown counsel<p>Independent lawyers with the federal or provincial prosecution service. Crown counsel do not represent the government, police or victim of crime. Rather, they perform their function on behalf of the public. Crown counsel may also be referred to as Crown, Crown prosecutors or prosecutors.</p> may apply to court to have the youth sentenced as an adult. This may happen when a youth is at least 14 years of age and has been found guilty<p><span lang="EN-US">When a person admits (pleads guilty) or is found by the judge or judicial justice (found guilty) to have committed the crimes they are charged with.</span><span> </span></p> of an offence where an adult could be imprisoned for two years or more (a serious violent offence). If such an order is made, then the sentencing options under the YCJA no longer apply and the youth is sentenced under the Criminal Code.