Youth Criminal Justice
Youth Criminal Justice: to be sentenced as an adult, or, not?:
Before we even begin the analysis, let’s first define the term “youth”. A youth, or, a “young person” as per Sec. 2(1) of the Youth Criminal Justice Act(YCJA), is a person who appears to be of 12 years or older, but less than 18 years of age.
While the youths are governed by the same criminal statues, i.e., the Criminal Code and Controlled Drugs and Substances Act – the procedure by which youths are tried and sentenced are governed by the YCJA.
The whole idea behind the Act of YCJA and the youth courts, is to keep the youth out of adult criminal trial procedures and to rehabilitate the youth into the society following an alleged offence.
Accordingly, any such criminal proceedings that begin under the YCJA, and a youth sentence as such continue after the youth turns 18.
The Prosecutor/Crown, in certain cases, where a youth older than 14 years has been accused of committing an offence, or, a serious violent offence may consider applying for an adult sentence for the youth.
The records of an adult sentence imposed on a young person in youth justice court is treated the same as an adult criminal record.
Where you, or, your child faces a risk of such possible outcome, please feel free to reach out to us.