Examples Of Extrajudicial Diversions

This essay will focus on the extrajudicial diversions that aim to keep youth out of the corrosive and crime-inducing youth criminal justice system. It will be argued that it is not helpful to restrict the use of extrajudicial measures (s. 4-9) under the Youth Criminal Justice Act (YCJA) to non-violent offenders while specifically authorizing a custodial sentence for youth found guilty of a violent offence (s. 39(1)(a)), especially given the broad defintion of a violent offence under (s. 2(1)). A “violent offence” is described through three criteria. The particular criterion in question is “an offence in the commission of which a young person endangers the life or safety of another person by creating substantial likelihood of causing bodily harm” (s. 2(1)).

While the courts must consider all reasonable and child appropriate options other than custody (s. 38(2)(d) and s. 39(2)), more is needed to ensure the system is properly administering justice. Additionally this essay will argue that in order to a “youth justice with integrity”, Goldson and Muncie’s (2006) identified six principles that need to be adhered to. In particular the principles of diversion, child appropriate punishments, and abolitionism need to be considered in light of the definition of a “violent offence” (s. 2(1)). The Youth Criminal Justice Act should therefore, be amended to better ensure all youth offenders are to be strongly considered for diversions, and that custody is to be reserved for when there is no viable option for ensuring public safety. In order to integrate in this way, the current youth justice system must comply fully with the YCJA directive to use diversion strategies, rather than imposing custodial sentences on