Whitchurch-Stouffville Newspaper Index

Stouffville Tribune (Stouffville, ON), May 11, 1988, p. 23

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economist suntribune may 11 1s88 b13 reforms to juvenile act come sha the proud feeling improve effectivness the young offenders act yoa which came into effect on april 2 1984 introduced impor tant and necessary reforms to the canadian juvenile justice sys tem before its enactment young people fell under the provisions of thejuvenile delinquents act of 1908 in june 1986 changes to the yxwng offenders act improved itis effectiveness jthe young offenders act rec ognizes several key principles among them that young people are responsible for their criminal behavior j society has the right to be pro tected from illegal behavior j young people are entitled to the rights enjoyed by all canadian citizens young people have special needs the young offender t a young offender is anyone 12 through 17 years old who has vfolated a federal law such as the criminal code or the narcotic cpntrol act children under the age of 12 who commit harmful acts are not considered criminally responsi ble and are dealt with under pro vincial child welfare or mental health legislation the police ewhen a young person commits a crime the police may simply ufarn the individual suggest an ajternative measure program or proceed to formal court proceed ings rwhen a young person is ajrested or summoned he or she il guaranteed the same basic rights and procedures afforded adults the young offenders pa rents must also be notified i alternatives to court alternative measure programs provide positive alternatives to tfie formal court process young pfeople are given the opportunity to accept responsibility for their behavior and to become involved in reparation of the wrongdoing frequently with the participation of the victim v formal court proceedings sthe trial procedure in youth cjiurt requires that the case be heard by a youth court judge ajone i young people have a right to lgal representation at all stages of proceedings tthe young persons parents must be notified of all proceed- iiigs and are encouraged and if njecessary ordered to attend they will be allowed to make their views known prior to sentencing tthe young offenders act has established strict guidelines on youth court procedures which niay include predisposition re ports medical psychological or psychiatric assessments sent ences appeals and reviews tyouth court hearings except uhder special circumstances are open to the public ithe youth court may under special circumstances allow pub lication of the name of a young person who poses a danger to soci ety upon application from a peace officer the sentencing process empha sizes victim involvement and re paration for example wherever possible predisposition reports njust include a report of an inter view with the victim t sentences under the act dispositions included under the yoa include absolute discharge a fine up to 1000 compensation to the victim jopen or secure custody community service order probation treatment by consent custodial sentences may not for most offences exceed two years in duration for any offence ayoung offender may however receive up to three years in cus tody if the offence is serious or if tile individual is sentenced for a combination of two or more off erees the total length of custody could exceed three years if the in dividual commits new offences after being sentenced jlf a young offender is 14 yxars of age or older and has committed a sdrious indictable offence his or her case may be transferred to an adult court the young person is thfen subject to the range of sent ences available to the adult court which may be more se vere maximum life sentences in thc adult court range from six months to life imprisonment a young person can appeal a finding of guilty or the disposition that a youth court judge orders review of sentence a young offenders sentence is reviewed at specified intervals to determine it it is working well or should be changed the young offender has the right to legal representation at these reviews the young offen ders parents are also encouraged to participate in the review pro cess young offenders who willfully neglect the obligations imposed on them by the youth court may be charged with another offence breach of a disposition and if convicted are liable to additional penalties youth court records the acts records provisions ensure the proper and efficient administration of justice while protecting the young cf fender once the young offender has re- on patrol sgt rodney sine mained crimefree for an ex tended period of time all records are treated as if they do not exist aid cannot be used for any pur pose at all this means that the young offender will be given a fresh start and there will be in law no conviction against the individual records relating to an aquittal by reason of insanity are re tained community participation the act provides for the estab lishment of youth justice com mittees where menbers of the community can assist in any aspect of the administration of the yoa 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