Youth and the Law/Extrajudicial Measures and Sanctions
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Extrajudicial Measures
What are extrajudicial measures?
Extrajudicial measures are ways that young persons can be diverted or kept out of the youth criminal justice system. If the police decide to use one of these measures, they will not lay a charge against you and you will not have to go to court. Unlike going to court where the judge makes all the decisions, some extrajudicial measures allow you and people who have been affected by your actions to participate in the decision-making.
The important thing is that you must agree to participate in any of these measures, you always have the choice of going to court.
Will the police consider these measures for me?
Yes. A police officer must consider using an extrajudicial measure if the offence is non-violent and if you have not been found guilty of a previous offence.
The Youth Criminal Justice Act sets out as a key principle that it should be presumed that an extrajudicial measure will be sufficient to hold a young person accountable for his or her behaviour.
What sorts of things are extrajudicial measures?
There are several different possibilities that a police officer may use. The officer may
- decide to take no further action against you, if the offence is minor and you have no previous dealings with the police.
- give you a verbal warning or caution. This will probably mean that the officer will talk to you about the impact of your actions on others, the consequences of your actions for you, and what will likely happen if you get into trouble again. The warning or caution may be placed in police records, so that if the police have to deal with you again, they will know that you have been warned before.
- refer you to different programs in the community if you agree.
What sorts of referrals are available?
There are many different programs and agencies that help youth, depending on the community where you live. Some examples include
- recreation programs,
- counselling for young people,
- mental health agencies,
- child welfare offices, or
- youth justice committees.
You must agree that you would like to be referred to one of these agencies, and you may talk to a lawyer about it before you agree.
What is a Youth Justice Committee?
This is a group of volunteer citizens from the community. The committee assists in the administration of the Youth Criminal Justice Act and helps with programs and services for young persons.
What do Youth Justice Committees do?
According to the Act, Youth Justice Committees may
- give advice on an appropriate extrajudicial measure for a young person;
- work with the victim of the young person's actions, if there is one, by asking about their concerns, and helping to bring about a reconciliation between the victim and the young person;
- find services and people within the community to provide supervision and mentoring for the young person;
- co-ordinate agencies and support groups within the community to help the young person.
What happens if I do not want to take a referral to an agency?
If the police decide not to use their discretion to use an extrajudicial measure, or if you do not want to accept a referral, then the police may lay a charge against you.
If I do not accept a referral, will I definitely have to go to youth court?
No. There are still ways that you could stay out of court. A Crown Prosecutor, a lawyer who works for the government and takes criminal cases to court on behalf of the state, will review your file. The Crown Prosecutor also has discretion to use extrajudicial measures and may decide that you should not go to court. He or she will send you a letter warning you that you must change your behaviour and stay out of trouble. You may also receive an extrajudicial sanction instead of a charge being laid against you that requires you to go to court.
Extrajudicial Sanctions
What is the difference between extrajudicial measures and extrajudicial sanctions?
Extrajudicial sanctions are a more formal way of dealing with a young person charged with a more serious offence. The Act says that extrajudicial sanctions may be used only if a young person cannot be adequately dealt with by extrajudicial measures, such as a warning, caution, or referral, because of the seriousness of the alleged offence.
A Crown Prosecutor reviews the file and makes the decision about whether an extrajudicial sanction would be appropriate, or whether the young person should go to court to face charges. When making a decision, the Crown Prosecutor will consider the nature and number of previous offences committed by the young person.
When would an extrajudicial sanction be used?
The Act says that sanctions may be used if
- the province where the young person lives has set up a program of sanctions;
- it is appropriate in the young person's particular case;
- the young person fully and freely agrees to be a part of the sanction program after being informed of their right to counsel and being given a reasonable opportunity to consult counsel;
- the young person accepts responsibility for the act that he or she is alleged to have done; and
- there is enough evidence to take the case to court.
What happens if I decide that I would like to take part in an extrajudicial sanctions program?
First of all, you must admit responsibility for your act. This admission cannot be used as evidence against you in the future. Then, the Crown Prosecutor will put your file on hold for three months and will send it to a probation officer. You will then either work directly with the probation officer to decide what actions you must take to complete the program, or your file will be referred to a Youth Justice Committee. The Committee will meet with you, talk to you about your situation, and decide what the consequences for your behaviour will be and what you must do to fix the harm you have caused.
What are some of the things that I might have to do as part of an extrajudicial sanction?
Some of the things you will be asked to do might include
- attending and taking part in counselling;
- making restitution (payment of money or returning property) to the victim, if there is one;
- making a donation to a charity;
- doing some work for or helping out the victim in some way, for example, gardening or shovelling snow;
- apologizing to the victim (in person or in writing) and acknowledging the harm you have caused;
- doing community service for a non-profit agency;
- writing an essay about your behaviour.
If I don't have to go to court, do my parents have to know about any of this?
Yes. Your parents have to be informed if you enter into an extrajudicial sanctions program. Parents are usually consulted by the probation officer or the Youth Justice Committee and are encouraged to have some input into the activities that you will undertake as part of the program.
Do I end up with a record if I go through an extrajudicial sanctions program?
Yes. You will still have a youth court record. It will be kept for two years from the time that you agree to enter into the program. During those two years, only certain people can look at your record. These people include yourself, your parents, your lawyer, the victim, the police, and some government officials, among others.
For more information about youth records, see the Youth Records pamphlet on the Alberta Courts website.
See Also
| Other FAQs in this section | ||||
|---|---|---|---|---|
| Age Related | Introduction | Arrest and Police | Extrajudicial Measures and Sanctions | Youth Court |
This page was last updated in January, 2004.
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