Young Offenders: What's The Legal Standpoint?

In Canada, the age of criminal responsibility is 12 years old. This means that a child who is 12 years old or older can be charged with a criminal offense and brought before the youth criminal justice system. However, there are exceptions for certain serious crimes, such as murder or attempted murder, where the age of criminal responsibility is lower, and a child as young as 10 years old can be charged. In the UK, once a child reaches 10 years old they can legally be charged with committing a crime and will be subject to the legal process and have a criminal record if found guilty.

In the UK, children under 10 cannot be charged with a criminal offence

Children under 10 who break the law may be given a Local Child Curfew, which means they are banned from public places between 9 pm and 6 am unless accompanied by an adult. This can last for up to 90 days, and if the child breaks their curfew, they can be given a Child Safety Order. This means they will be placed under the supervision of a youth offending team for up to 3 months, or in some cases, up to 12 months. If the child does not stick to the rules of the order, the court may consider taking them into care.

Additionally, children under 10 who break the law regularly may be taken into care, or their parents may be held responsible. This can include receiving a Parenting Order issued by a court, being asked to attend a parenting programme, or signing a Parenting Contract. These programmes are designed to support parents in preventing their children from reoffending, and they are usually voluntary. However, in some cases, a court may require participation.

It is important to note that the rules are different in Scotland, where the age of criminal responsibility is 8 years old.

In Canada, the age of criminal responsibility is 12 years old, but children as young as 10 can be charged with certain serious crimes

In Canada, the age of criminal responsibility is 12 years old, as outlined in the Youth Criminal Justice Act (YCJA). This means that children under 12 cannot be charged with a criminal offence and detained in custody or sent to court. However, there is an exception for certain serious crimes, such as murder or attempted murder, where the age of criminal responsibility is lower, and a child as young as 10 can be charged. When a child under 12 breaks the law, the police will refer them to appropriate community organisations for assistance and intervention.

The YCJA sets out the procedures for youth criminal justice, including youth rights upon arrest and detention, the questioning of youth by police, the trial process, sentencing, and youth records. It recognises that young people have unique needs and vulnerabilities and that their best interests must be considered. The Act aims to rehabilitate and reintegrate young offenders back into society, using the least restrictive measures possible.

In Canada, youths must be 14 or older for a judge to sentence them under adult criminal law. This would only occur in severe circumstances, such as repeat violent offences and/or murder.

In Canada, the Youth Criminal Justice System is guided by the Youth Criminal Justice Act (YCJA), which focuses on rehabilitation and reintegration

The YCJA is based on the recognition that young persons have unique needs and vulnerabilities, and that their best interests must be taken into consideration. The principles of the YCJA include:

• Rehabilitation and Reintegration: The primary goal of the youth criminal justice system is to rehabilitate and reintegrate young persons back into society. This means that the system focuses on addressing the underlying causes of the offending behavior and providing young persons with opportunities for treatment, education, and skill development.
• Fairness and Equity: The youth criminal justice system is designed to be fair and equitable, taking into consideration the age, maturity, and individual circumstances of young persons. It recognizes that young persons may not have the same level of understanding and judgment as adults and that they should not be held to the same level of accountability.
• Proportionality and Restraint: The youth criminal justice system aims to use the least restrictive measures possible to hold young persons accountable for their actions. This includes using diversion programs, community-based sanctions, and custodial sentences only as a last resort.
• Timeliness and Speediness: The youth criminal justice system is designed to be timely and speedy, recognizing that delays can have a detrimental impact on young persons. It emphasizes the need for prompt resolution of cases and limits the use of pretrial detention.
• Enhanced Protection of Rights: The youth criminal justice system provides enhanced protections for the rights of young persons, including the right to legal representation, the right to remain silent, and the right to be treated with dignity and respect.

The YCJA emphasises fairness, equity, proportionality, restraint, timeliness, and enhanced protection of rights

In Canada, the Youth Criminal Justice Act (YCJA) is a federal law that applies to people aged 12 to 18 who are suspected of having committed a criminal offence or who break a federal law. The YCJA contains a Declaration of Principles that provides a framework for how the law is to be interpreted. The YCJA emphasises fairness, equity, proportionality, restraint, timeliness, and enhanced protection of rights.

Fairness and Equity

The YCJA is designed to be fair and equitable, taking into consideration the age, maturity, and individual circumstances of young persons. It recognises that young persons may not have the same level of understanding and judgment as adults and that they should not be held to the same level of accountability.

Proportionality and Restraint

The YCJA aims to use the least restrictive measures possible to hold young persons accountable for their actions. This includes using diversion programs, community-based sanctions, and custodial sentences only as a last resort.

Timeliness

The YCJA is designed to be timely and speedy, recognising that delays can have a detrimental impact on young persons. It emphasises the need for prompt resolution of cases and limits the use of pretrial detention.

Enhanced Protection of Rights

The YCJA provides enhanced protections for the rights of young persons, including the right to legal representation, the right to remain silent, and the right to be treated with dignity and respect. It also includes special guarantees of young people's rights and freedoms, such as the right to be heard and participate in the process.

Other Principles

The YCJA also emphasises the need for rehabilitation and reintegration, holding young people accountable, and preventing crime by addressing the root causes of criminal behaviour. It recognises that the youth justice system must be separate from the adult system and that measures taken against youth should reinforce respect for societal values and encourage repair of harm done to victims and the community.

Parents play a crucial role in supporting their child and ensuring their rights are protected

• Understanding the Legal Process: It is important for parents to understand the youth criminal justice system, the rights of their child, and the potential consequences their child may face. This includes knowing the age of criminal responsibility, which is typically 12 years old in Canada, and the fact that children under this age cannot be charged with a criminal offense.
• Emotional Support: Parents should provide emotional support to their child throughout the legal process. This includes helping them understand their legal rights, assisting them in finding legal representation, and being present during court proceedings to provide a sense of support.
• Advocating for Their Child's Rights: Parents should advocate for their child's rights and ensure they are treated fairly. This may involve helping them understand their right to legal representation, their right to remain silent, and their right to be treated with dignity and respect.
• Participating in Case Planning: Parents often play a role in case planning discussions, which explore options for diversion programs, community-based sanctions, and alternatives to formal court proceedings. It is important for parents to actively participate in these discussions and provide input on what they believe is in the best interest of their child.
• Collaborating with Legal Counsel: If the child has legal representation, parents can collaborate with the lawyer by providing relevant information about the child's background and circumstances. This can help the lawyer build a strong defense and advocate for the child's best interests.
• Encouraging Rehabilitation and Reintegration: The youth criminal justice system in Canada focuses on rehabilitating and reintegrating young offenders back into society. Parents can support this process by encouraging their child to take responsibility for their actions, participate in treatment programs, and make positive changes in their life.

Frequently asked questions