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 Youth Criminal Justice Act (YCJA). 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 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 receive an adult sentence.
The YCJA recognizes victims of crime. The legislation includes certain provisions for victims, including the right to information and the right to be involved during various phases of the judicial process. Victims can request information on police or court records, the name of the young person (keeping in mind that it can not be shared with the public), and information on any court hearings involving the young person. Victims may also choose to involve themselves in the court process by participating in conferences, a youth justice committee, a pre-sentence report, or by submitting a victim impact statement.
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