The,Intricacies,Youth,Criminal law The Intricacies of Youth Criminal Justice Act
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The first documentregulating the youth criminal justice predecessor to the Young Offenders Act(adapted in 1982) and the modern day Youth Criminal Justice Act(accepted in 2003) was the 1908 Juvenile Delinquents Act. The Youth CriminalJustice Act covers the prosecution of youth's for criminal offenses. The CriminalCode of Canada defines that no person shall be convicted of an offence inrespect of an act or omission on his or her part while that person was underthe age of twelve years, so the YCJA works only for people older than 12 andyounger that 18. As for trial procedures like arrest, detention, bail, trialand sentencing, they are not very different from the adult procedures. Parentsof the arrested minor must be notified immediately or as soon as possible. Theyare also encouraged to participate in all steps of the legal process. In some cases thejudge may even order the parents to attend the court hearings. Also a youth hasthe right to have his or her parent(s) or guardian(s) present duringquestioning. Fingerprinting and photographing can occur only when the youth is chargedwith an indictable offense. As for bail the youths are usually released underthe same rules but into the custody of parents or other responsible adults. TheYCJA protects the identity of the youth and it can only be disclosed underspecial circumstances. Still the public and media are allowed to attend thetrials of the youths and proceedings may be reported. For the benefit of thepublics safety the names and even photos of serious offenders can be reportedin the media. As for sentencing the adult sentences can be applied to offendersover the age of 14 or to offenders over the age of 12 if the offences arerepeated. The Youth Criminal Justice Act isstill a young document and like all the other acts needs to be changedaccording to various difficult real life cases and examples. The NunnCommission of Inquiry that occurred in 2006 was the first landmark publicinquiry that brought big changes to the Canada's youth criminal justicesystem. In that inquiry Merlin Nunn, a retired Justice of the Supreme Court ofNova Scotia, was the chairman of the commission that examined events of October 14th, 2004. Onthat day Theresa McEvoy, of Halifax, Nova Scotia, a 52 year oldteacher's aide and mother of three boys was killed in a car crash caused byanother vehicle. The driver of this, by the way, stolen vehicle was a youngserial offender that was mistakenly released from jail just two dayspreviously. The 16-year old criminal had 38 criminal charges pending againsthim and somehow he managed to be released. During the 31 days of testimony, CommissionerNunn heard from 47 witnesses, including the families of the principals,policing agencies, Government and court officials, educational officials, andthe legal establishment. On December 5th, 2006 the commission made the final report that held34 recommendations in the areas of youth justice administration andaccountability, youth crime legislation, and prevention of youth crime. For more information regardingWaterloo Lawyers, Oakville lawyers, Kingston Lawyers and Legal services please visit: www.lawyerahead.ca
The,Intricacies,Youth,Criminal