In addition, the YCJA
provides for customized sentencing for youth suffering from mental illness.
Current Practices Are Contrary to the Spirit of the YCJA
In Canada however the YCJA
(2002) sought to enhance discretion (where practical).
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.
To some extent, the new Youth Criminal Justice Act (YCJA
) resonates with this position.
can and does protect the public even when children commit serious crimes such as murder.
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 Youth Criminal Justice Act (YCJA
) is one such issue that concerns the Native community.
The proposed changes to the juvenile justice system, the Youth Criminal Justice Act (YCJA
), particularly the provisions related to moving youth into the adult system, embody many tensions, some of which will be discussed later.
Therefore, we have a separate law, now the Youth Criminal Justice Act (the "YCJA
"), to govern how we respond to young persons who commit criminal offences.