The New Federal Youth Criminal Justice Act: Real Change or Just more of the Same?
Fact Sheet
-------------------------------------------------------------------------
The New Federal Youth Criminal Justice Act:
Real Change or More of the Same?
-------------------------------------------------------------------------
The Young Offenders Youth Criminal Justice Here's the real story
Act Act under the Youth Criminal
(old book) (old book with new Justice Act:
cover)
-------------------------------------------------------------------------
Twelve to 18 year-olds No significant change. - Sixteen and 17 year
are tried in youth olds who commit adult
court unless crimes are not
transferred to automatically tried as
adult court. adults and receive
lenient youth
sentences.
- The new bill does not
make it easier for
prosecutors to apply
for adult sentences.
-------------------------------------------------------------------------
There is an assumption The assumption now - In no case is an adult
that 16 and 17 year applies to 14 and sentence automatic.
olds charged with 15 year olds for Even in the case of
murder, attempted the same short list first degree murder,
murder, manslaughter of crimes or an offender a young person can
and aggravated sexual found guilty for the avoid an adult
assault are transferred third time of a sentence.
to adult court and ``serious violent
receive adult offence.'' - The following offences
sentences. are not presumed
serious enough to
warrant adult
sentences: armed
robbery, sexual
assault, and drug
trafficking.
- A young person can
commit three serious
violent offences with
no guarantee of an
adult sentence.
- Repeat offenders of
non-violent crimes
are not assumed to
receive adult
sentences.
Scenario possible under
Ottawa's new Youth
Criminal Justice Act:
A 17 year-old who robs a
bank, kills a customer
and is found guilty of
murder, can still
receive a lenient
``youth'' sentence.
-------------------------------------------------------------------------
Crown can seek adult No change. - Most serious violent
sentences on all offences still require
indictable offences, the prosecutor to
except for minor prove an adult
offences, where young sentence is necessary.
person is 14 years of
age or older.
-------------------------------------------------------------------------
No mandatory jail terms No change. - A young person can use
for youths found guilty a weapon in the
of weapons offences. commission of a crime
and still not go to
jail.
-------------------------------------------------------------------------
Young persons No change. - Young persons
transferred to adult sentenced for murder
court and convicted of as adults will
murder qualify for continue to receive
shorter sentences and more lenient sentences
earlier parole than than adults who have
adults convicted of committed the same
murder. crime.
Scenario possible under
Ottawa's new Youth
Criminal Justice Act:
A young person who has
committed a break and
enter using a gun is
sentenced as a youth
unless it can be shown
that he should be
sentenced as an adult,
and furthermore, may
receive a sentence that
involves not spending
time in jail.
-------------------------------------------------------------------------
A range of sentences Time in jail has been - Jail sentences have
exist for all offence reduced and non- not been increased.
other than murder. custodial supervision In fact, the Act
has been increased. reduces youth jail
sentences for all
crimes except murder.
- A young person who
commits a series of
non-violent crimes
such as break and
enter or car theft
would not be
considered a serious
repeat offender and
receive a lenient
youth sentence.
-------------------------------------------------------------------------
|
