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on Youth Justice
Q What does youth custody mean?
A In criminal law, custody is sort of like jail. Some young people can be placed in an institution where they will live, go to school, and participate in other programs that will help them reintegrate into the community. Sometimes, placing a youth in a group home with other young people and youth workers is better for the youth.
Q What kinds of crimes have youth in custody committed?
A Under the Youth Criminal Justice Act, custody is reserved for the most serious offences. The general rule is that the least restrictive measure that can be used to deal with a young people must be used. This means that if a young person commits a crime, custody should be used as a last resort and other things should be tried to help the young person.
Q If I get placed in custody, will I be put in jail with adults?
A Young people have the right to a system separate from adults. This means that youth who receive youth custody sentences will serve their sentence in a place with other youth.
Q What will happen to me after I get out of custody?
A While a young person is serving a youth custody sentence, he/she will have been working with a social worker to develop a reintegration plan. This plan outlines what the young person will do when he/she leaves custody to lead a law abiding life. This may include things like going to school, getting a job, and attending counselling. Also, the Youth Criminal Justice Act says that young people will undergo a period of supervision in the community to receive necessary assistance.
Q Will I see my family if I go into custody?
A According to the Youth Criminal Justice Act, our justice system must encourage families to be involved with a young person who has committed a crime. The Act emphasizes the importance of having families involved, because they may be able to help a young person live a crime-free life.
Q Do the police have to read me my rights if I am arrested?
A If you are arrested, you must be advised of your rights without delay by the arresting officer or the officer in charge. You have the right to a lawyer, to have your parents present, and to know for what crime you have been arrested.
Q I don't have any money. How am I supposed to get a lawyer?
A Under the Youth Criminal Justice Act, young people must be given an opportunity to obtain counsel (a lawyer). If you are not represented at a hearing, the court will advise you of your right to speak with a lawyer. Also, if you can't afford a lawyer, you must be referred to the legal aid program, or the Attorney General may be ordered to appoint a lawyer on your behalf.
A Basically reintegration is what happens when a person has spent time in custody and they have to go back to the community. We want the person to be law abiding, so we have to help them to not commit more crimes. This can mean helping a person get a job, providing them with somewhere to live, helping them get services for an addiction or assisting them with anything a person needs to live in the community and not reoffend (commit a crime again).
Q Will someone help me with reintegration?
A Yes, as a young person, you will have a youth worker help you create a "reintegration plan" while still in custody. This plan may include conditions that you will have to go to school, get a job, get help for an addiction, or stop hanging around with people who get you into trouble. This plan is something that you have to work on, so you can identify your own problems and where you want to go with your life.
Q Can I do anything in custody to help with my reintegration?
A You can be granted a leave from custody for up to 30 days for the purposes of reintegration. This can be to participate in programs you need to train for work, to attend school, or to work. Building upon skills and accessing programs, education, or employment will be very helpful after you leave custody.
Q Why should someone participate in reintegration?
A Young people need help when they come back into the community so that they won't get into trouble again. We know that providing them with the support that they need will hopefully help them lead productive, crime-free lives.
Q What kind of sentence will I receive if I am convicted of a crime?
A If you are convicted of a crime, a judge will decide on an appropriate sentence. The type of sentence received will depend upon the crime committed, whether you have been convicted of a crime before, the circumstances surrounding the crime, and many other factors.
Q Will I have to go to jail if I commit a crime?
A According to the Youth Criminal Justice Act, jail, or custody, is reserved mostly for violent and repeat offenders. Alternatives to custody must be considered for all young people.
Q How can a young person get an adult sentence?
A An adult sentence is a sentence that an adult can receive for a particular crime. Generally, an adult sentence is longer than a youth sentence. In certain circumstances and for certain types of offences, a judge may decide to sentence a young person as an adult.
Q What kinds of sentences can young people get?
A Sentences are designed to deal with a wide variety of crimes, from mischief to murder. According to the Youth Criminal Justice Act, sentencing options can include:
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a reprimand
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an absolute discharge - this means that the youth is found guilty of the crime, but doesn't require any further discipline (the young person will receive a youth record).
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payment to the victim - this can work in cases where property has been damaged.
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a fine
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the return of property to the victim
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community service
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probation
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attend a program - youth may be required to attend programs to treat addictions or other programs that may help youth.
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custody - this may be open or closed (open: this may be a group-home setting; closed: this is more similar to a jail-type setting).
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intensive rehabilitative custody and supervision - this is reserved for the most serious violent offenders and is designed to provide them with needed treatment.
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