Can young offenders be charged?
Young people will be charged by the same police force and their cases are often prosecuted in the same courthouse as everyone else. However, young offenders are actually treated quite differently in the legal system than adults are.
Is the Young Offenders Act effective?
The results suggest the YOA has been effective in diverting young people from custody (including Indigenous young people).
What is the Young Offenders Act 1997 NSW?
An Act to establish procedures for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings instead of court proceedings; and for other purposes. This Act is the Young Offenders Act 1997. This Act commences on a day or days to be appointed by proclamation.
What is the difference between the Young Offenders Act and the Youth Criminal Justice Act?
The Youth Criminal Justice Act, which was proclaimed in force on 1 April 2003, replaces the Young Offenders Act. It applies to a young person, or youth, who is or who appears to be 12 years old or older, but who is less than 18 years old and who is alleged to have committed an offence as a youth.
What is the maximum sentence a young person can receive when convicted in a trial?
Sentencing Options The maximum length of youth sentences ranges from two to ten years, depending on the offence committed and the type of sentence imposed. Under the YCJA, custody sentences are intended primarily for violent offenders and serious repeat offenders.
What factors determine the consequences young offenders face?
The judge must consider the:
- degree of participation of the youth,
- harm done to victims,
- reparations that have been made to the victims,
- pre-sentence custody,
- previous findings of guilt of the youth, and.
- aggravating and mitigating circumstances.
What is the main goal of the youth Offenders Act?
The Act aims to make young offenders take responsibility for their actions, acknowledge the rights of the victim, avoid the cost and time of a court appearance and most importantly – steer young offenders away from detention. They achieve this by holding a Youth Justice Conference.
What is a youth warning?
A youth caution is a formal out of court disposal. The police must have enough evidence to prove an offence was committed. A child must have an appropriate adult if they are given a youth caution.
What ages does the Youth Criminal Justice Act cover?
The Youth Criminal Justice Act, or YCJA, is the federal law that governs Canada’s youth justice system. It applies to Canadian youth aged 12 to 17 who get into trouble with the law. The YCJA came into force in 2003 and was amended in 2012 to strengthen its handling of violent and repeat young offenders.
What are the three main things the judge must consider when sentencing a youth?