If you are of legal age but are charged with committing a criminal offense when you were between the ages of 12 and 17, you will be governed by the Youth Criminal Justice Act. Obviously, the same is true if you are accused of having committed a criminal offense and you are between 12 and 17 years old.
Unlike the adult justice system where the sentences are usually severe and can leave the person with a criminal record preventing them from achieving certain goals, the youth criminal justice system provides several ways to penalize the minor, but outside of the formal court process. The ultimate goal is to rehabilitate the minor and reintegrate him into society.
Custodial sentences (imprisonment) are used only when absolutely necessary to protect society against violence and serious crime.
Often, extrajudicial measures are used when the crimes are less serious.
There are different types of extrajudicial measures.
- You may receive an informal warning from a police officer ;
- You may also receive a formal warning from a police officer, which usually comes in the form of a letter delivered to you and your parents or may involve a process where you and your parents must report to a police station to speak to a senior police officer ;
- Crown attorneys can also issue a caution if they have received the file ;
- You may receive a referral from a police officer to enroll in a community program or counseling agency that can help you with the rehabilitation process ;
- There are also extrajudicial sanctions, which are the most formal type of extrajudicial measure. Unlike other types of extrajudicial measures, they can only be used if you admit responsibility for the offense and if a warning, caution or referral is not appropriate. Your admissibility to an extrajudicial sanction will also depend on the nature and gravity of the offense as well as the number of previous offenses committed or any other aggravating circumstance. Additionally, there must be sufficient evidence to prosecute the offense, the sanction must be part of a program approved by the Attorney General, and you must agree to be subject to the sanction. Extrajudicial sanctions generally consist of restitution or compensation, service to the victim or the community, attendance and participation in counseling and treatment programs. If you violate the terms and conditions of the sanction, your case may go through the legal process. If, however, you satisfactorily comply with the sanction, the charge may be dismissed. Nevertheless, in case of recidivism, the sanction can be mentioned at the next hearing.
If you have a child or teenager who has been arrested by a police officer and you want to avoid the complaint going to court or you have been charged while you are a minor, call us as soon as possible!
