Youth Justice Act, 1799

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

 

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YOUTH JUSTICE ACT, 1799

Enacted on 14 Sigismund's End, 1804

Introduced in the Commons.

Passed in the 21st Imperial Diet.

 

 

INTRODUCTION

The aim of this act is to bring further detail to 210.06 - On Infancy in order to create a just system of legal standard. The Youth Justice Act, henceforth referred to as the YJA, is intended to protect the public by holding youth accountable, by preventing crime and by rehabilitating and reintegrating youth in the community. The act requires that youths be treated separately from adults and that it be recognized that youths have diminished moral blameworthiness. 

 

When dealing with youth, there must be an emphasis on:

• Rehabilitation and reintegration,

• Fair and proportionate accountability,

• Enhanced procedural protection,

• Timely intervention, and

• Prompt enforcement.

The YJA provides that the measures taken against youth should:

 

• Reinforce respect for societal values,

• Encourage the repair of harm to victims and the community,

• Be meaningful to the youth, and

• Respect differences between youth.

The act recognizes the following:

 

• Youths have rights and freedoms in their own right,

• Victims should be treated with courtesy, compassion and respect,

• Victims should be provided with information about the proceedings, and

• Parents should be informed or measures or proceedings involving their children.

 

 

SECTION I:

The Definition and Rights of a Minor:

CH 211 - On Definition and Rights of a Minor

       211.01A - A minor is defined as any individual below the age of fifteen.

       211.01B - Minors may benefit from the advantages provided to legal entities within the Holy Orenian Empire but punishment should not by any means be harsher or surpass that of the punishment for an adult. In cases of serious offences such as first degree felonies they may be held to the same degree of punishments as adult legal entities depending on the individual case.

      211.01C - Accused young persons under the age of 15 must have their rights explained by the responsible officer in a language appropriate to their age and level of understanding. Therefore, the officer must assess the accused youth's ability to understand their rights before attaining a statement from the youth. It is imperative that the officer states the rights to the youth in a manner that he or she fully understands due to the fact that the courts will not assess whether the child fully understood the rights informed to them by the officer but whether or not the officer explained their rights at a level appropriate to their age and understanding.

 

SECTION II:

The Sentences for Minors: 

211.02 - On Sentences for Minors

         211.02A - If any minor has committed a non-violence offence, unless the offender has a history of failing to comply with noncustodial sentences, has an extensive pattern of non-violent offending, or other exceptional circumstances a court shall not impose a custodial sentence unless the court has considered all alternatives to custody raised at the sentencing hearing that are reasonable in the circumstances, and determined that there is not a reasonable alternative, or combination of alternatives.

 

         In determining whether there is a reasonable alternative to custody, a court shall consider submissions relating to:

                  (i) the alternatives to custody that are available;

                  (ii) the likelihood that the young person will comply with a non-custodial sentence, taking into account their compliance with previous non-custodial sentences; and

                  (iii) the alternatives to custody that have been used in respect of young persons for similar offences committed in similar circumstances

 

         211.02B - In determining the youth sentence, the court shall take in account: the degree of participation of subjected youth in offence, the degree of harm inflicted and intentions of offender, any reparations provided to victim or community by youth offender, any time spent in detention by youth due to offense, any other case of guilt found against the offender, and whether there is any additional  aggravating or mitigating information against the offender that might influence the sentence.

 

211.03 - On Adult Sentences

         211.03A - If a young person is found guilty of an indictable offence, an offence where an adult would be liable to receive as mentioned in 201.043 a felony class punishment or greater punishments, an order for an adult sentence shall be imposed on a young offender in the following cases:

if the young person gives notice to the court that he or she doesn't oppose the application for an adult sentence or if the other punishments would not have sufficient length to hold the young person accountable for their offending behaviour in relation to an offence committed after the young offender has just acquired fifteen years of age.

1. There are three categories of offences that may attract an adult sentence:
   1. Presumptive "a" offences: Specified offences (murder, attempted murder, manslaughter)
   2. Presumptive "b" offences: repeating of serious violent offences
   3. Non-presumptive offences

 

SECTION III:

Definitions: 

1. The act defines a serious violent offence as an offence in the commission of which a young person causes or attempts to cause serious bodily harm. A serious violent offence can become a presumptive offence if the young person has previously committed two violent offences. Presumptive offence means that the young person, over the age of fifteen, can receive an adult sentence if they are found guilty.

 

Introduced by Representative William T. Aubert on 12th of Owyn’s Light, 1803

 

Cosponsored by Representative Ophelia van Wick

 

Issued and proclaimed,

Joseph II, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus, and Seventis, Defender of the Faith, Duke of Adria, Novellen and Lorraine, Baron of Renzfeld, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.