Youth CRIME LAWYER EDMONTON
The criminal justice system handles young offenders differently than grown-ups. Under the Youth Criminal Justice Act, young offenders have enhanced protections and rights. By retaining an experienced youth crime lawyer in Calgary and Edmonton, you can protect your child’s rights and ensure that the police do not inadvertently waive these rights. At Wyman & Williamson, we will:
- APPLY OUR DECADES OF EXPERIENCE IN DEFENDING YOUR CHILD’S CASE
- PROTECT YOUR CHILD’S LEGAL RIGHTS
- GUIDE YOU AND WALK WITH YOU UNTIL THE CONCLUSION OF YOUR CASE
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Young Offender
Youth CRIME Lawyer EDMONTON
The Youth Criminal Justice Act recognizes that young alleged offenders do not have similar judgements and experiences as adult offenders. Therefore, special rules and considerations apply to ensure that young offenders are not exposed to the intimidating adult criminal law system but instead receive a fair judgement. For example, the parent or guardian must be notified when their child is being prosecuted for a criminal offence. The law also allows the youth’s parent or guardian and lawyer to be present during the interview with the police.
Under the law, a young offender is anyone between the ages of 12 and 18 years. The Youth Criminal Justice system doesn’t seek to punish the youth offender but to rehabilitate them, unlike the adult system.
Youth Criminal Justice Act
The Youth Criminal Justice Act governs juveniles facing criminal charges. This Act applies to people between the ages of 12 and 17 years. If you are below 12 years, you cannot be charged with a crime under Canadian law. There are several differences between the Criminal Code and the Youth Criminal Justice Act. Unlike adults, young people are not mature. The Youth Criminal Justice Act considers the moral culpability of young people. Therefore, rehabilitation is the most important factor in the youth justice system.
The youth justice system has three primary goals:
- Holding young offenders accountable but in a way that is in line with their reduced responsibility.
- Rehabilitating young offenders and reintegrating them into society.
- Crime prevention by referring the offenders to agencies and community programs that address the root cause of criminal behaviour.
When dealing with young offenders, there are many provisions for extrajudicial measures. These measures can be in the form of police caution, warning, or referrals to community programs. Extrajudicial sanctions are the most formal extrajudicial measures. If a youth offender qualifies for extrajudicial sanctions and honours all the imposed conditions, the criminal charges against him/her may be dropped.
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Preventing & Rehabilitating Youth Offenders
The Youth Criminal Justice Act understands that the youth are more prone to making mistakes due to their inexperience, but they are also easier to rehabilitate. The Act has some special rules and principles for the treatment and sentencing of youth offenders. Some of the rules seek to safeguard the minor’s identity, fostering their rehabilitation and restoration into society.
Special considerations for young offenders
The law allows the youth’s parents or guardians to be present during questioning. What if the police question the youth when the parents or guardians are not present? In this case, the court could render the evidence obtained during the sentencing inadmissible in court.
Privacy for young offenders
Even if a youth is found guilty of the alleged offence, their identity cannot be disclosed on public domains or within the media. The officers and the courts must abide by the special consideration for the youth’s privacy as outlined by the Youth Criminal Justice Act. During the court proceedings, the court or the media can only refer to the youth offender by their initials.
Usually, after the youth offender is rehabilitated, their criminal history ends up being sealed, provided the offender doesn’t commit an additional offence within a defined time frame. Expunging the offender’s criminal records gives them a second chance in life, enabling them to reintegrate into society.
We invite you to contact Wyman & Williamson if your child is facing criminal charges. We will assign an experienced youth offence lawyer in Edmonton to your case to fight for the best possible outcome. We will go out of our way to defend your rights.