Sections 6, 8, and 10 of the YCJA outline the types of extrajudicial measures that can be used. These measures should only be used if there are reasonable grounds to charge the youth with an offence. There are four primary types of extrajudicial measures considered for youth.
- No further action: The parents, victim or others may have already taken step to hold the youth accountable.
- Warning: The youth may receive an informal warning by a police officer or Crown prosecutor. The youth is not arrested nor brought into the criminal justice system.
- Police caution: This is a more formal warning by the police that often involves the parents and may be in the form of a letter. Police cautions are not commonly given in BC.
- Referral to a community program: The youth is referred to a community organization that can help the youth consider their actions. These often require youth to give back to the community through services.
All extrajudicial measures require informed, voluntary consent by the youth. The youth may consult with a lawyer prior to consenting to an extrajudicial measure.
Informed and voluntary consent = Without being pressured, the youth understands the information provided and agrees.
One type of extrajudicial measure is a referral to a community program. There are many different types of community programs including:
- Police-based youth crime programs
- Youth service programs
- Restorative justice programs
- Recreational programs
- Substance use treatment programs