The Youth Criminal Justice Act is the law that governs Canada's youth justice system. It applies to youth who are at least 12 but under 18 years old, who are alleged to have committed criminal offences. In over a century of youth justice legislation in Canada, there have been three youth justice statutes: the Juvenile Delinquents Act (1908-1984), the Young Offenders Act (YOA) (1984-2003), and the Youth Criminal Justice Act (YCJA) (2003-present). A set of amendments to the YCJA was adopted by Parliament in 2012. The purpose of this document is to explain the background of the YCJA, to provide a summary of its main provisions and the rationale behind them, and to highlight the experience under the YCJA.…
Youth ages twelve to seventeen are qualified under the Youth Criminal Justice Act, but ages eighteen and older are under the Criminal Code of Canada. The goal of the YCJA is to provide a fair and efficient youth justice system. How do they continue to keep this goal? The YCJA believes that the protection of society is the most important objective that needs to be practiced through prevention, serious consequences, and reconstruction or rehabilitation.…
In 1992 when the Adolescent Equity Act was passed by Parliament, the State Government said: "It is the goal of this Administration, as it was of the past Government, to manage 17-year old kids inside the adolescent framework, as opposed to the grown-up framework. We don't want such youngsters being presented to the impacts of grown-ups in Adult prisons, in this way expanding their chances of staying in the framework and being repeat offenders. This change will happen at a proper time later on." The reasons referred by the Administration conveying its desire to stop overseeing 17 year olds in the adult system up until now appear to be exact today. Eighteen is the season of full grown-up duty, in Queensland and all through Australia, yet 17…
2. Wikipedia contributors. "Youth Criminal Justice Act." Wikipedia, The Free Encyclopedia. 29 Sep. 2014. http://en.wikipedia.org/w/index.php?title=Youth_Criminal_Justice_Act&oldid=627598526…
Under fire from the date of its creation, the debate over the validity of the Young Offender's Act continues. Should the YOA remain in its current form as a part of the Canadian legal system? An examination of the reasons it is seen as being ineffective, the need for change, and the suggested amendments and substitutes will provide an accurate picture of the situation from which a conclusion can be drawn. The young offenders act in its current form is nearly optimal. However, there enough reasons for its alteration that a serious consideration of amendments should be considered.…
The Youth Criminal Justice Act is represented in all of the following sources, but only 2 of them agree with and support the YCJA. The other one does support them to a point, but are saying that the punishments are not harsh enough for youth. Going back to the sources, in the first one Graham Long is stating that the law is already hard enough on young people. In his case he has been to many court hearings and almost all the young offenders that he sees are not the first priority to the judge, the victim is. I don’t blame the judge for this, but if you are going to be dealing with a child that’s 12 – 14 or so, I think that you should have some feeling for them. An example that he describes is in Drayton Valley, Alberta where a youth offender was ordered to pay the victim $25,000. This is a bit too much for a teenager to be paying; most of them don’t even make that much in a couple years even if they have a job. The second source that I am looking at has a complete opposite view. They think that a lot of the young offenders that do go to prison get off to easy, with not enough punishment and that they will probably be a repeat offender. The third and last source is a line graph that shows the number of youths charged with crimes. This graph is showing that in the early 1990’s youth that were charged with offences went up from 8000 to 9000 in as little as 2 years. These numbers start to drop after 2003 when the YCJA was first introduced. It is proven by statistics that about 80% of first time youth offenders will not break the law again. These 3 sources of information are just a few of the many examples of the different views and opinions of the Youth Criminal Justice Act. In my opinion I agree with the YCJA, in that youth should get punished for their actions depending on the age of the person. For example going back to source one, Graham Long is saying that kids don’t get off easy and that some punishments are a bit harsh. Giving a teenager a fine of…
Several broad observations and trends in Australian juvenile justice can be identified at the national level. Over the last ten years, there has been a decrease in the number of cases heard in Australian children’s courts due to the increasing trend of diverting juveniles during the early stages of processing. Such diversionary measures typically include conferencing, drug and alcohol courts and programs, juvenile justice teams and special courts and programs for young people. The most common types of offences for which juveniles are adjudicated in children’s courts include burglary or theft, assault and dangerous or negligent driving. Of all juvenile defendants who appeared in Australian children’s courts during the 2006-07 financial year, ninety-two percent received a criminal conviction and eighty-two percent pleaded guilty. Ninety-two percent of convicted juvenile offenders received non-custodial penalties such as fines, good behaviour bonds or community supervision orders. ‘How effective is the juvenile justice system?’ is a very difficult question to answer and will vary from person to person as some will be looking at the reduction in the crime rate will others will look at victim satisfaction. In Australia the Juvenile system I believe is quite effective as each state have their own specific way in tackling young offenders , that are relevant specifically to that state. The AIC has monitored juveniles in detention in Australia since 1981. It has found that the number of juvenile detainees per 100,000 head of population dropped from 64.9 in 1981 to 37 in…
Imagine one day a 12 years old girl in your community killed her whole family, would you feel safe? And three 17 years old boys set your house on fire what would you want to do with those boys? The entire point of the Youth Criminal Justice Act is to make sure that if those kind of things happen to you or your community, the youth would get punished for what they have done. The YCJA became a law in 2003, under the Liberal Justice Minister Anne Mclellan. Since then less youth had gone through jail.…
The Juvenile Justice and Delinquency Prevention Act (JJDP) of 1974 according to Girls Study Group “provided impetus to divert, deinstitutionalize, and decriminalize all status offenders. Although the Act restricted commitment of status offenders to training schools, states did not provide adequate community based alternatives for girl’s Female status offenders were relabeled as “delinquent” and often confined in private-sector mental health and chemical dependency treatment facilities, or were placed in detention as a protective strategy when other placements were not available” I think all that means is that they had no place to send female juvenile so they sent them to places like mental health and chemical dependency treatment facilities instead of jail.…
Today’s Youth Justice Board came after the 1998 Crime and Disorder Act which passed to prevent young people from offending and re-offending (Home Office 2009). In the 1800’s when it came to punishment for crimes, there was no distinction between adults and children. People thought that the old forms of punishment, such as transportation and overall humiliation, were too severe for children. Mary Carpenter advocated for education rather than prison which introduced the battle between welfare and justice. After the Second World War, the 1969 Children and Young Persons Act, enhanced the importance of the welfare of children and the legal system began to consider both justice and welfare when sentencing a child.…
With holding youths accountable in a fair manner, it could make a great contribution to the protection of not only to the youths within society but also the adult citizens. The article youth criminal justice act: new directions and implementation issues (2004) explained that "it can make a contribution to the protection of the public in the long-term. Parliaments references to protection of the public indicate that such protection is a desired long-term outcome or result of the activities of the youth justice system". The article goes on further to explain that the emphasis of protection of youth crime can protect the citizens within society at a greater…
Currently, Australia’s primary answer to offending youth, for serious matters, is incarceration. However, across Australia many believe that the incarceration of youth is still the stem of the issue of recidivism, and therefore, the issue cannot be solved until the incarceration of youth is removed. Between 2011-12 approximately $640 million was spent on the youth justice system nationwide, and even with this much there the recidivism rates are anything but favourable. Approximately half of the juveniles appearing before a youth or children’s court will have been convicted previously, and approximately one-third of juveniles appearing…
The amendments made to the Youth Criminal Justice Act (YCJA) in Bill C-10 were initially intended to help maintain and ensure the safety and security of Canadians using the get tough on crime approach (Bala, 2015). However, the Safe Streets and Communities Act is focused on making sure that the public feels more secure instead of being centered on the wellbeing of the youth involved in the criminal justice system which leads to a number of undesirable conclusions. This paper will address three main points. First, an argument on the evidence stating that the get tough on crime measures do not work; second a discussion on the importance of rehabilitation for youth; and thirdly an argument on the necessity for a spate legal system for youth from…
Throughout the course of Youth and Conflict with the law I have been able to grasp a better…
No. 33 of 2006 [22nd August, 2006.] An Act to amend the Juvenile Justice (Care and Protection of Children) Act, 2000. Be it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:— 1. Short title.- This Act may be called the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006. 2. Amendment of long title. - In the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the principal Act), in the long title, for the words “through various institutions established under this enactment”, the words “and for matters connected therewith or incidental thereto” shall be substituted. 3. Amendment of section 1. - In section 1 of the principal Act,— (i) in the marginal heading, for the words “and commencement”, the words “, commencement and application” shall be substituted; (ii) after sub-section (3), the following sub-section shall be inserted, namely:— “(4) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all cases involving detention, prosecution, penalty or sentence of imprisonment of juveniles in conflict with law under such other law.”. 4. Amendment of section 2.- In section 2 of the principal Act,— (i) after clause (a), the following clause shall be inserted, namely:— ‘(aa) “adoption” means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship;’; (ii) in clause (d),— (I) after sub-clause (i), the following sub-clause shall be inserted, namely:— “(ia) who is found begging, or who is either a street child or a working child,”; (II) in sub-clause (v), after the word ‘abandoned’, the words ‘or surrendered’ shall be inserted; (iii) in clause (h), for the words…