A Crime Victim's Guide to the Criminal Justice System
A Word about Young Offenders
When young people 12 through 17 years of age commit a criminal offence, they are dealt with under the Young Offenders Act
(YOA). A special youth court deals with young offender cases. There are restrictions on the publication of a young person's
identity and special provisions for dealing with a young person's criminal record. The maximum penalty for most offences tried
in youth court is two years, but it is up to 10 years for first degree murder.
Youth court is open to the public. If there is no publication ban, the media may report on the proceedings, but they cannot
identify the young person charged or any other young person involved, such as a witness or victim. Adult victims and witnesses can
make a written request for a publication ban to protect their privacy, as discussed previously under Publication Bans. Adult
victims or witnesses must indicate why this type of protection is required, except in cases involving sexual offences, where a
publication ban must be ordered where the victim or a witness who is less than 18 years of age so requests.
In certain circumstances, a young person who commits a violent crime may be tried in adult court and would be subject to the
sentences available for adult offenders. A young person must have been at least 14 years old when the offence was committed to be
considered for transfer. A young person 16 or 17 years old who is charged with murder, attempted murder, manslaughter or aggravated
sexual assault will be tried in adult court unless a youth court judge orders otherwise.
On February 19, 2002, Parliament passed a new Youth Criminal Justice Act (YCJA) that significantly alters the existing law,
including new sentencing options and meaningful consequences for violent or repeat offenders. The new Act recognizes the concerns of
victims in its principles and encourages victims' roles in formal and informal community-based measures. The new Act also gives
victims the right to access youth records and information on extrajudicial measures. The law should come into force in April 2003 to
allow time for provinces and territories to develop programs to support implementation.
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