Young Offenders Act (1984)
Characteristics
o Age of Youths: 12-18
o Shift from welfare to criminal legislation
o More emphasis on society's right to be protected
o Rights under the Charter and special rights for youth
o More emphasis on youth taking responsibility for actions
Use in Case:
The 17-year-old's case would most likely be moved into adult court because the offender is 14 years of age or more and is accused of a violent crime, murder. He would be eligible for advice from a lawyer and this would help him during his trial. Although, if he is moved into adult court he would not have all the same privileges he would have if it were under youth justice court. He would most likely receive the a longer sentence as the Young Offenders Act declares that society has a right to protection from the illegal behaviour of people, and his behaviour would definitely account for illegal activity. A sentence of a year in prison would be a minimum penalty under this Act.
Controversial Aspects:
Over the years, the broad powers of the Young Offenders Act led to demands that it be changed. Some critics said it was too “soft” on young offenders. Others said it abused the rights of young people. Many asked for changes to be made to allow specific penalties for specific crimes.
