In Canada however the YCJA
(2002) sought to enhance discretion (where practical).
In addition, section 123(1) YCJA
at least theoretically permits
Will it become as extensively utilized with adult offenders in the absence of the supportive legal infrastructure that exists for youth programs such as the YCJA
and encouraging associated SCC interpretations?
The Court held that the burden was on the Crown to prove "beyond a reasonable doubt" both (a) that the statement was voluntary, and (b) that the requirements of section 146 of the YCJA
were met as they relate to the taking of statements given by young persons to persons in authority.
In 2005/2006, just over 1,100 young offenders on average were in sentenced custody on any given day, a drop of about 12% from 2004/2005 and a 58% decline from 2002/2003, the year before the YCJA
went into effect.
In contrast, under the YCJA
, sentencing is to consider the young person's responsibility for the offence, potential for rehabilitation and reintegration, and the long-term protection of society, as well as the seriousness of the offence (Doob and Sprott, 2004).
However, the governmentalists would like to see YCJA
referrals go directly to the established community programs that have dealt with "alternative measures" referrals for many years.
The provision is consistent with what was in the YCJA
," said Barnhorst.
YOA") (101) with the YCJA
did not alter the proper approach
5) by a narrow 5-4 majority, the Supreme Court struck down the reverse onus provisions in the YCJA
as unconstitutional violations of the liberty interest of young people pursuant to s.
aims to keep the less serious offences out of youth courts by dealing with youth in less formal manners.
In 2004/2005, 1,300 young people on average were in sentenced custody on any given day, down about 16% from 2003/2004 and down 50% since the YCJA
went into effect.