MERVYN B. KELLY

Barrister & Solicitor

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Serving Durham Region, Northumberland, Peterborough and Hastings Counties.
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YOUTH CRIMINAL JUSTICE

The Youth Criminal Justice Act provides for "enhanced procedural Protection to ensure that Young Persons are treated fairly, and that their rights, including their right to privacy are protected.

A "Young Person" is defined to mean:
"a person who is or, in the absence of evidence to the contrary, appears to be, twelve years old, or older, but less than eighteen years old. The term "Young Person" also includes "any person who is charged under this Act with having committed an offence while he or she was a young person or who is found guilty of an offence under this Act".
Since it's enactment, the law relating to Young Persons has been continually developing.
This legislation has materially changed the framework within which society addresses youths in conflict with the law.

Section 3 of the Youth Criminal Justice Act contains a "Declaration of Principle" that recognizes that the Youth Criminal Justice Act "is intended to prevent crime by addressing the circumstances underlying the Young Person's behaviour."

The Act is also intended to rehabilitate Young Persons who commit offences, and reintegrate them into society.

The Act is also intended to ensure that the Young Person is subject to "meaningful consequences for his or her behaviour.
The Youth Criminal Justice Act, emphasizes that the criminal justice system for Young persons must provide an enhanced procedural protection to ensure fairness, be delivered promptly, and in a timely manner ; the process must be meaningful to the young person given his or her needs, and level of development, and, where possible, must involve the parents, the extended family, the community, and social or other agencies in the rehabilitation and reintegration of the Young Person all within the limits of fairness and accountability.

It is intended to provide a system of Criminal Justice for Young Persons that reinforces a respect for societal values, and encourages the repair of harm done to the victim and the community;
The Young Persons is to be informed about the proceedings, and have an opportunity to participate and make decisions and be heard. Parents should be informed of proceedings involving their children, and encouraged to support them. And finally, the wording of the new Act must be liberally interpreted or construed to ensure that the Young Persons are dealt with in accordance with the stated principles of the Act.

 

© 2003-2007 Mervyn B. Kelly B. Comm., LL.B., Barrister and Solicitor. All rights reserved.