Youth Matters
The Youth
Criminal Justice Act mandates the particular procedures that
must be followed when dealing with young persons in the criminal
justice system. These procedures are often very different than
the regime that is followed for adults.
It is essential
that if you are a young person charged with an offence that you
retain counsel that is experienced with the Youth Criminal
Justice Act.
Provisions of
the Youth Criminal Justice Act effect sentencing, release on
bail, and even how long records can be kept. If the provisions
are not properly argued in court you could end up with a
sentence or disposition far greater than what it should be.
As an example
of the differences between the adult and youth system you need
look no farther than the principles of sentencing. In the adult
system deterrence is a specific factor that must be considered
by the judge when determining an appropriate sentence. Both
specific and general deterrence must be considered. Under the
youth act deterrence is not a factor that can be considered the
judge must look at rehabilitation and reintegration of the young
person in order to find meaningful consequences.
In fact the
Youth Criminal Justice Act only allows the judge to consider
provisions of the criminal code that are not in conflict with
the principles of the youth act.
During my years
of practice I have represented numerous youth clients and have
continued to instruct on youth advocacy with various lawyer
organizations and groups.
RETURN TO CRIMINAL OFFENCES
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