Newmarket Youth Criminal Lawyer

The goal of youth criminal justice is not necessarily to charge youth with crime, but to hold them accountable, rehabilitate, and reintegrate young offenders into society. This means that extrajudicial measures, that is, measures outside of the justice system, can be used, including in Newmarket. The York Regional Police reported that in 2022 there were 490 young persons charged with an offence. In the same year, 895 were processed by other means. In 2021, the number of young persons charged was 316, and the number of youths processed by other means is 639.

If a Young Person Turns 18 While in Custody, What Happens?

While the youth is still under 18, they cannot be placed in a prison for adults. When the young person turns 18 while in custody, they will be transferred into a provincial correctional facility. The charges will remain a youth charge, and the sentence will remain the same, but a portion of the sentence must be physically served in an adult facility. This is because no young person can be held with adults in a penitentiary.

If the young person is convicted of a serious crime, such as murder, they may serve the sentence for years. During that time, they can age out of the juvenile prison system and be transferred into the adult penitentiary. Section 92(2) of the Youth Criminal Justice Act will direct the young person to serve the remainder of a youth sentence in a penitentiary if (a) the youth justice court considers it to be in the young person’s best interest or in the public’s best interest; (b) if it is requested by the provincial director; (c) if the remainder of the sentence is two years or more; and (d) if everyone involved has an opportunity to be heard by the court.

What is a Psychological Assessment for Youth?

Section 34(1) of the Youth Criminal Justice Act enumerates the proceedings where a psychological assessment or a medical assessment can be ordered. Normally, these assessments are ordered on consent of the young person and the prosecutor. However, if an application is made, the Court may accept the application on numerous grounds. Once the application is granted, the young person must undergo an assessment.

The Court may accept the application if they have reasonable grounds to believe that the young person may be suffering from a physical or mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability, or a mental disability. If the young person has a history of repeated offences, an assessment may be ordered. And finally, if the young person is accused of a serious violent offence, an assessment may be ordered.

What is a Referral to a Child Welfare Agency?

Section 35 the Youth Criminal Justice Act enumerates that the youth court may make a referral to a child welfare agency at any point in a youth proceeding. The purpose of the assessment is to determine whether the young person needs child welfare services.  A referral to a child welfare agency is a referral to the Children’s Aid Society in Canada.

When a CAS worker receives a referral, this means that a child may be in need of protection. The child protection worker will engage in conversation with the reporter to obtain information. This information may include identities of any and all adults involved, the detailed report of the incident or condition that causes concern, information about the functioning of the family, information about support networks, concerns about the workers’ safety, the current location of the child, etc. The safety of the child is paramount in these cases, and prompt responses are usually warranted. If a child is known to be neglected or abused, it is important to report it to the police.

What Are Some Aggravating and Mitigating Factors for Youth Offenders in Newmarket?

Section 38(3)(f) of the Youth Criminal Justice Act declares that aggravating and mitigating factors must be considered during sentencing. These factors can help decide the length of the sentence. The aggravating factors and mitigating circumstances are the same as those enumerated in the Criminal Code under section 718.2. Aggravating factors may include: a motivation of hate, a domestic situation, the impact on the victim, the identity of the victim (whether they were a health service worker or not), any connection with a criminal organization, or breaching of a release order.

The young age of an offender is always a mitigating factor, as young persons with little criminal history have a great prospect of rehabilitation. The expression of guilt and remorse, as well as a guilty plea, can be a mitigating factor as well. The Court will also consider the offender’s family life when deciding on whether to impose a sentence or not. The pre-sentence report as well as a psychological/medical assessment may be a factor as well that might have mitigating effects on the sentence.

What Are Some Sentencing Factors?

Section 38(1) of the Youth Criminal Justice Act enumerates the primary principle of sentencing as holding the young person accountable through meaningful consequences, promoting rehabilitation and reintegration into the community. Section 38(2) lists a few principles that the Court must consider during sentencing. The sentence must not be greater than the punishment for an adult for the same crime. The sentence must be similar to the sentences imposed on similar young persons found guilty of the same offence in the same region. The sentence must be proportionate to the seriousness of the offence. All sanctions are available for young persons, but special consideration must be taken for the circumstances of Indigenous young persons. The sentence must be the least restrictive sentence, emphasizing the principles of rehabilitation and promoting a sense of responsibility.

Section 38(3) lists out factors that must be considered during sentencing. When determining a youth sentence, the Court will often consider: the degree of participation of the young person in committing the offence, the harm done to victims (whether intentional or foreseeable), any reparations made, the time spent in detention, any history of findings of guilt of the young person, and any other aggravating and mitigating circumstances. These factors, in conjunction with the sentencing principles, help to determine a fit and appropriate sentence for the young offender.