Young people in Ontario who encounter trouble with the law may have many unanswered questions. They may not know the specifics -- or even the basics -- of the Youth Criminal Justice Act regarding young people who are accused of committing juvenile crimes. The procedures following arrest can also be confusing.
Those between 12 and 17 years of age could be charged if they are suspected of criminal behaviour -- even at age 18 if the alleged crime was committed prior to his or her 18th birthday. A primary focus of the YCJA is to rehabilitate juveniles rather than incarcerate them. This means that the prosecutor or police officer/s may consider possible extrajudicial measures before filing charges. These may include referrals for community service, police warnings, Crown cautions, counseling and compensating and/or apologizing to the victim. If such measures are appropriate and fully complied with, charges will be dropped.
The consequences of convictions regarding charges for juvenile crimes can include jail time, the length of which will depend on the severity of the offence. A murder conviction can result in up to to 10 years behind bars, while a theft of more than $5,000 has a maximum sentence of three years. The law allows teens as young as 14 years old to be charged as adults for murder and other serious crimes.
The individual accused of juvenile crimes (and/or his or her family or legal guardian) can retain the services of an experienced Ontario criminal defence lawyer. He or she can explain the legal procedures and answer questions about criminal records and more. A lawyer can advocate for the accused and work toward the best possible outcome under the circumstances.
Source: FindLaw Canada, "Young offender -- FAQ", Accessed on March 31, 2017
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