Extrajudicial Sanctions
What are they and how do they work?
By Jennifer Peterson
Youth who break the law often have different behaviour traits from adult offenders.
They may take greater risks, fail to consider the long-term consequences of their
actions, and may be more susceptible to negative peer pressure. These characteristics
and other factors related to the developmental stage of adolescence are the basis
for different processes for youth and adults who break the law.
The Youth Criminal Justice Act (YCJA) governs youth facing criminal charges, and encourages all components of the criminal justice system to look for innovative ways to deal with this group of youth. The YCJA provides for a number of extrajudicial measures such as warnings, cautions, and referrals, as options for police officers in dealing with youth instead of laying charges.
Formerly
known as alternative measures under the Young Offenders Act, extrajudicial
sanctions offer community-based consequences for youth who meet certain offence
criteria, and where grounds for a charge are present. The extrajudicial sanctions
program is administered in Alberta by probation officers and youth justice committees,
which are made up of community volunteers and are sanctioned by the province under
section 18 of the YCJA.
A more formal set of rules applies to extrajudicial sanctions compared to other types of extrajudicial measures. For example, extrajudicial sanctions may be used only if other extrajudicial measures such as informal warnings or referrals to community programs by police would not be adequate. In addition, youth must consent to participate in the program, and accept responsibility for their actions.
The extrajudicial sanctions program allows youth to perform community service work, write a letter of apology, compensate for damage or make amends in some other way, after which the criminal charge is withdrawn.
If
the young person does not comply satisfactorily with the sanction, a charge may
result. An extrajudicial sanction cannot be used if the young person denies the
offence or wishes to have the charge dealt with by youth court.
The ultimate goal is to protect the public while supporting youth in refraining from further illegal behaviour and fostering their development as contributing members of their communities.
