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Understanding the Youth Criminal Justice Act (YCJA)

Defending criminal cases in youth court involves unique procedures and rules that differ significantly from those applied to adult offenders. The Youth Criminal Justice Act (YCJA) governs how young people, aged 12 to 17, are treated within the Canadian criminal justice system, impacting everything from the investigation and arrest to court proceedings and sentencing.

Hiring a criminal defence lawyer with specific expertise in youth court cases is crucial. Ryan Patmore is well-versed in the complexities of the YCJA, including its implications for bail proceedings and how it affects the potential for a youth’s criminal record. His experience ensures that youthful mistakes do not unduly impact his clients' adult lives.

What Are the Differences Between Youth and Adult Cases?

Several key differences distinguish youth from adult criminal processes:

Notification to Parents

Under the YCJA, the police must notify a parent or guardian when their child is facing prosecution. This requirement ensures that parents are informed and involved in the legal process, which is a crucial aspect of supporting and guiding the young person through their legal troubles. Unlike adult criminal proceedings, where such notification is not mandatory, involving a parent or guardian helps ensure that the youth receives appropriate support and guidance during the legal process.

Youth Statements

The YCJA provides specific protections for young people regarding police interrogations. Youth have the right to consult with a lawyer and a parent or other trusted adult before making any statements to the police. This protection ensures that young people fully understand their rights and the potential consequences of their statements. Statements made without this consultation cannot be used against the youth in court, safeguarding them from self-incrimination and ensuring a fair process.

Advocacy To Project Towards the Right Outcome.

A Second Chance Begins Here.

Obtaining bail for young people is generally more accessible compared to adults, particularly for those charged with non-violent offences. The YCJA recognizes that incarceration can be detrimental to a young person’s development and aims to provide more lenient bail conditions to support their reintegration into the community while awaiting trial. This approach reflects a focus on rehabilitation rather than punishment.

Youth Sentencing Options:

The YCJA offers a broader range of sentencing options for youth compared to adults. Before formal prosecution, the police and prosecutor are required to consider whether a less severe intervention, such as a warning or caution, might be sufficient. If formal proceedings proceed, the YCJA allows for various alternative measures, including:

  • These sanctions provide a way for youth to take responsibility for their actions without a formal court plea. EJS may involve community service, writing an essay, or participating in counselling. Successful completion of an EJS program results in the withdrawal of criminal charges and avoids a permanent criminal record, helping the youth avoid the long-term consequences of a conviction.

  • Youth Courts often prefer rehabilitative measures over incarceration. Sentencing options may include community service, drug or alcohol treatment programs, or other supportive measures designed to address underlying issues and prevent future offending. The focus is on guiding the youth back onto a positive path rather than imposing punitive measures.

  • In cases involving severe crimes like homicide, the YCJA permits the prosecutor to apply for the youth to be prosecuted and sentenced as an adult. This decision considers the severity of the offence and the youth's age and maturity, ensuring that the legal response is appropriate for the circumstances.

These differences in the YCJA reflect a commitment to balancing accountability with the recognition of the unique developmental needs of young people. For more detailed guidance and support in navigating youth criminal justice matters, consulting with a lawyer experienced in youth cases, like Ryan Patmore, is crucial.