Youth Criminal Justice Act (2002)
Characteristics
o Age of Youths: 12-18
o Limited use of custody
o Seriousness of offence to be reflected by the sentence
o Measures other than court proceedings to be used for non-violent offenders
o Publication of youth's identity if adult sentence is imposed (only after sentencing)
o Need to transfer youths to adult court eliminated by allowing adult sentences for presumptive offences
Use in Case:
This case was held during the time period of 2003, so therefore its sentencing was made according to the Youth Criminal Justice Act. The 17-year-old-boy's name was not released under the Youth Criminal Justice Act and no information that might have lead to his identification was revealed. Also, he did not have to say anything before being sentenced as a youth. The 17-year-old was also not tried as an adult even though he had committed the act of murder. His sentence was rather lenient, because evidence proved that did not intend to kill the other boy. If evidence had showed that the trigger lock had been tampered with, then he would have been tried as an adult.
Controversial Aspects:
There are some that argue that the Youth Criminal Justice Act allows youth to get too easy of a penalty for their actions. Especially in cases that involve violence including murder, assault and sexual assault, many believe that the penalties should be stiffer. Even though the Act is made to protect youth, some feel that harsher penalties are deserved for ruthless actions. Also, few still argue that the age of 12 is too high and must be lowered to accommodate youth under 12 that commit serious crimes.
