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What are extrajudicial measures?

Before sending young offenders to court, the law enforcement officers in Ottawa are encouraged to use extrajudicial measures, if possible. This is laid out in the Young Offender Act, which came onto the books in 2003. So, what are these measures and what should young offenders know about them?

Generally speaking, extrajudicial measures are tactics that can be used outside of the court system to fix the situation without fining the youth or putting him or her behind bars. They include things like:

-- Using community service as a way for the offender to be punished without jail time.

-- Having police officers talk to the offender and issue a warning.

-- Asking the offenders to meet with those who were wronged--such as the owner of a store where shoplifting was committed--to apologize for what happened.

-- Telling the offender to pay the victim to compensate him or her for the loss.

-- Issuing an official Crown caution, which is similar to a police warning, but is more formal and comes from the prosecutor.

-- Telling the offender to go to counselling sessions related to the issue that arose.

The Young Offender Act does not mean that these measures will be used all of the time or that they'll be used exclusively. It also lays down regulations for how charges can be filed and when young offenders can go to jail.

However, these measures are often considered for minor crimes committed by those who do not have a history of such activity, so it is important for young people in Canada to know how they work and when they can be a viable alternative.

Source: FindLaw Canada, "Young offender -- FAQ," accessed Feb. 12, 2016

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