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Youth Criminal Justice Act: FAQ
**Changes may occur in legislation that are not reflected here and various provincial authorities may apply and administer the law differently than it is presented here. If you need specific advice regarding the law please consult a legal professional. |
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If you have a question you would like to ask one of our criminal justice educators about the YCJA or any of the lessons presented here feel free to contact us.
Questions
1) Does a youth record disappear when a youth turns 18?
2) Can a youth under 18 go to jail?
3) Can an adult recruit a youth to engage in criminal activity for them as a means to protect themselves from prosecution?
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Answers
1) Does a youth record disappear when a youth turns 18?
answer:
Depending upon the type of offence, a youth record lasts for a designated period of time after the youth has completed their sentence. This may extend beyond their 18th birthday. If the youth commits an offence as an adult before the expiry of their youth record, that youth record will then become part of their adult record.
examples of record lengths:
Type of Sentence |
Length of Access to Record |
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Extrajudicial Sanction |
Two years after the sanction is agreed to |
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Acquittal |
Two months after the expiry of time for appeal or three months after an appeal is completed |
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Dismissal, Withdrawal of Charges, Reprimand |
Two months after dismissal, withdrawal or reprimand. |
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A Stay in Charges |
At the end of the stay (a stay may last for a period of one year) |
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Absolute Discharge |
One year after the youth is found guilty |
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Conditional Discharge |
Three years after the youth is found guilty |
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Summary Conviction |
Three years after the sentence is completed |
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Indictable Offence |
Five years after the sentence is completed |
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2) Can a youth under 18 go to jail?
answer:
Yes, youth under 18 can receive custody sentences and be placed in a youth custody facility.
Custody is reserved for violent offences, situations where the youth has failed to comply with other sentencing, situations where adults would receive a sentence of two years or more for the same offence, or where the non-custodial sentence would be inappropriate considering the purpose of the act. In the case of a custodial sentence the court must clearly state why a non-custodial sentence was not administered.
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3) Can an adult recruit a youth to engage in criminal activity for them as a means to protect themselves from prosecution?
answer:
Sections 21(1)(2) and 22 of the Criminal Code (see part 1: Parties to Offences) indicate that those who abet, have a common intention, or counsel in the commission of an offence are parties to the offence. If an adult encourages a youth to commit an offence, they are party to that offence and can be charged for that and any other offence that is a consequence of that counselling.
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