Extrajudicial sanctions are more formal options for dealing with youths accused of committing crime as an alternative to going to court.
It is up to Crown counsel to refer a case for extrajudicial sanctions. Crown can refer the case to a youth probation office or another agency approved by the Crown to interview the youth and see if they are an appropriate candidate.
To be accepted for extrajudicial sanctions, you must admit responsibility for the offence and agree to follow the rules for the extrajudicial sanctions. If you do not, charges may be laid against you. You should discuss the matter with a lawyer prior to meeting about extrajudicial sanctions. You must have a parent or guardian attend the meeting with the youth probation officer or community agency to discuss extrajudicial sanctions. See Legal Assistance (Services and Resources) for information on how to contact a lawyer.
When Extrajudicial Sanctions are Used
The Youth Criminal Justice Act states that an extrajudicial sanction can be used only when:
- It addresses the youth’s needs and considers the interests of society
- The youth is told what is going to happen and completely and freely agrees to it
- The youth has been told they have a right to a lawyer and have been given a reasonable amount of time to consult with a lawyer
- The youth accepts responsibility for their actions (the crime they committed)
- There is enough evidence the youth committed the crime to proceed with criminal proceedings (prosecute)
- It is part of a program approved by the government
- Prosecution of the crime is allowed by law
Extrajudicial sanctions may not be used for youth who do not admit to committing a crime or indicate they would like to deal with the charge in Youth Justice Court.
Victim’s Right to Information
When a youth matter is handled using extrajudicial sanctions, the victim has the right to know who the youth is and how they have been dealt with. A police officer, Crown counsel or youth probation officer must provide this information.