Children between the ages of 12 and 17 years old are prosecuted under a different system than adults. There are two main reasons why the justice system treats young persons differently. Firstly, we presume that young persons have diminished moral blameworthiness. Secondly, young persons are more vulnerable in dealing with the justice system. As a result, young persons have a separate legal system and a separate sentencing regime.
According to Statistics Canada, 6% of Canadian youth are accused of committing crime each year. Parents and young persons should never assume that a youth case is a minor case. This is because a youth charge can have far reaching consequences. For instance, a young person charged with a crime may have release conditions that result in the young person having to change schools or leave the home.
In addition to pre-trial release conditions, sentencing in youth cases can range from a reprimand to a criminal record and even a jail sentence. That’s why it is important to do everything possible to successfully navigate the youth criminal justice system. The law office of Deniz Sarikaya has extensive experience representing youth facing criminal charges. Call today to learn how we can help.
There are a few significant differences between youth and adult criminal cases. Firstly, youth cases take place in the youth court of justice. Secondly, youth cases can be resolved through extrajudicial sanctions. Thirdly, record keeping for youth cases is governed by the Youth Criminal Justice Act.
Youth justice court
As mentioned above, youth cases take place in the youth court of justice. As a result, young persons are charged separately from adults and they can never be tried in the same court.
In Ontario, the Ontario Court of Justice is designated as the youth court of justice. Consequently, youth courts are physically located at the same location as adult courts. However, each time a youth case is addressed in court, the court will convert to a youth court of justice with a separate docket and a separate recording. In addition, the identity of the youth is protected through an automatic publication ban that covers the name and any other information that could identify the youth.
Notice to parent
When a young person is arrested, the parent of the young person must be notified. The notice can be given to an adult relative if a parent is unavailable. If the parent is not notified, the court can order the parent to attend court.
Extrajudicial sanctions
Sometimes youth cases can be resolved by way of extrajudicial sanctions. Extrajudicial sanctions are a form of diversion that is available for youth cases. Their goal is to hold the youth accountable without resorting to criminal justice sanctions.
Generally there are three conditions for a young person to participate in extrajudicial sanctions. Firstly, the young person must accept responsibility. Secondly, the parent must be informed. And, thirdly, the victim must be advised. In most cases, once the program is completed the charge is withdrawn.
Alternatively, where extrajudicial sanctions are not available, the sentencing guidelines for youth are very different than for adults. For instance, most youth jail sentences cannot be more than 2 years. In addition, a youth under the age of 18 cannot serve a sentence in an adult facility.
Similarly, once a young person has completed the sentence or disposition, the young person no longer has a conviction. Consequently, for the purpose of federal legislation, a youth is not convicted when applying for work with the public sector.
Youth criminal records
Youth criminal records are protected by the Youth Criminal Justice Act. This means that all youth records are unavailable to persons who are not directly involved. However, there are some exceptions. There are rules of who can access the records and time periods in which access is allowed. In most cases, there needs to be an application in youth court to determine if any of the records can be disclosed. You can find more information about youth records here.
Free consultation
There are many steps a criminal lawyer can take to minimize the impact of a youth criminal charge. A youth charge can come back to haunt you many years later when you are applying for a job or a visa. Mr. Sarikaya recognizes the potential consequences that a youth criminal charge can have on a client’s future.
He can help respond to youth allegations in a strategic way to maximize the chances of a positive outcome. Call him at 647-282-5777 to set up your free consultation.