Being charged with an offence as a young person can be an overwhelming experience. The consequences of this conviction are serious and can affect many aspects of your life, from education to employment opportunities.
Understanding the unique protections and procedures in place for young offenders and how a criminal defence lawyer can assist is crucial for handling the legal system effectively.
This post by a leading criminal defence lawyer in Mississauga will guide you through the steps to take if you are a youth charged with an offence. We also highlight the importance of having a criminal defence lawyer by your side.
Let’s get started.
Understanding the Youth Criminal Justice Act
In Canada, young people charged with offences are governed by the Youth Criminal Justice Act (YCJA). This act sets out a set of rules and procedures specifically designed for youth. It recognizes that they are not fully mature and deserve a chance to correct their mistakes without facing lifelong repercussions. The YCJA includes special protections, such as publication bans and sealed records, to help ensure that a young person’s future is not unduly harmed by their past actions.
Publication Ban on a Young Offender’s Identity
One of the key protections provided by the YCJA is the publication ban on a young offender’s identity. Section 110(1) of the Act makes it an offence to publish the name or any information that could identify a young person charged under the Act. This means that news of an arrest or charge cannot be widely publicized in a way that would stigmatize the youth.
However, there are exceptions to this rule. For instance, if the youth receives an adult sentence or the police can prove that publishing the information is necessary to protect the public or assist in apprehending the young person, the ban can be lifted.
No Permanent Criminal Records for Young Offenders
The YCJA also aims to prevent young offenders from having permanent criminal records. Sections 118 and 119 of the Act limit who can access records related to a youth’s involvement in the criminal justice system and for how long. This period, known as the “access period,” varies depending on the sentence but generally ranges from one to five years. After this period, the records are sealed, giving the youth a fresh start.
However, if the youth reoffends during the access period or receives an adult sentence, these protections can be lost, making the youth’s record permanent.
Bail Hearings for Young Offenders
If a young person is arrested, they may be held for a bail hearing. The YCJA presumes that young offenders should be released rather than detained. The Crown must justify why detention is necessary. If detained, the youth has the right to apply for a rehearing to reconsider their release. Of course there are exceptions to this general proposition.
Who Is Considered a Young Offender?
A young offender is defined as anyone under the age of 18 at the time of the offence. This means that even if an individual is charged after turning 18, they are still treated as a young offender if the crime occurred while they were under 18.
Sentencing Under the YCJA
The YCJA provides a different sentencing regime for young offenders. Unlike adults, young people do not face mandatory minimum sentences, and the range of sentencing options is broader, focusing more on rehabilitation than punishment.
Some unique sentencing options include reprimands, community service orders, and custody and supervision orders. The maximum sentences for serious crimes are also significantly reduced compared to adult sentences. For example, the maximum sentence for first-degree murder for a youth is ten years, with only six years in custody.
Adult Sentences for Young Offenders
In certain cases, the Crown may apply for a young person to be sentenced as an adult. This typically occurs in serious cases where the youth’s actions are deemed to require a more severe penalty. If an adult sentence is imposed, the youth lose the protections provided by the YCJA, such as the publication ban and the sealing of records.
Diversion and Extrajudicial Sanctions
The YCJA encourages the use of extrajudicial sanctions to divert young people away from the criminal justice system. These measures, such as community service or attendance in rehabilitative programs, are often used for first-time offenders. They aim to address the underlying issues that led to the criminal behaviour, offering the youth an opportunity to avoid a criminal record altogether.
The Role of a Criminal Defence Lawyer in Mississauga
Handling the legal system as a young person is complex, and having an experienced criminal defence lawyer is crucial. A lawyer specializing in youth criminal justice will understand the intricacies of the YCJA and can provide essential guidance and support throughout the legal process.
Crafting a Defence
A skilled Mississauga criminal lawyer will work to craft a strong defence against their charges. This involves investigating the case, preserving evidence, and presenting it effectively in court. Lawyers use their expertise to challenge the prosecution’s case through cross-examination and by preparing the youth to testify confidently.
Negotiating Resolutions
A lawyer can often negotiate with the Crown to resolve the case before it goes to trial. This might involve having charges withdrawn or reduced, or agreeing to extrajudicial sanctions. Such resolutions can significantly mitigate the consequences for the youth and help them move forward without a criminal record.
Representing in Court
If a trial is unavoidable, having a lawyer with a proven track record is essential. The lawyer will persuasively present the defence, highlight the youth’s lack of maturity, and argue for a lenient sentence focusing on rehabilitation rather than punishment. They will ensure that the young person’s story is heard and considered by the court.
Steps to Take if Charged with an Offence
If you are a young person charged with an offence, it is essential to take the following steps:
1. Remain Calm and Do Not Make a Statement:
Being respectful and cooperating with police and other authorities can influence how your case is handled initially. But, do not make any sort of statement. That is a bad idea
2. Seek Legal Counsel Immediately:
Contact a criminal defence lawyer specializing in youth offences. Early legal advice is crucial for understanding your rights and the best course of action.
3. Inform Your Parents or Guardian:
They can provide emotional support and may need to be involved in legal proceedings.
4. Follow Legal Advice:
Adhere to the guidance and advice provided by your lawyer. They will navigate the legal system on your behalf and work towards the best possible outcome.
Being charged with an offence as a youth can be scary, but understanding your rights and the protections provided to you under the Youth Criminal Justice Act is crucial. With the support of a skilled criminal defence lawyer in Mississauga, such as Mr. Harpreet Saini, you can navigate the legal system more effectively. He will ensure that your rights are protected and work towards a resolution that allows for rehabilitation and a fresh start. If you or someone you know is facing charges, do not hesitate to seek legal counsel from him to ensure the best possible defence and outcome.