Consequences of Extrajudicial Measures

Police are required to keep a record of any extrajudicial measures that they use to deal with youth. This enables the police and Crown to be aware of any previous attempts to apply extrajudicial measures. This information can be used in decisions about using extrajudicial measures and about charge approval.

Section 10(4) of the YCJA states "the admission of responsibility made by the youth as a condition of being dealt with by extrajudicial measures is inadmissible as evidence against that youth in civil or criminal proceedings for the purpose of proving prior offending behaviour."

If a youth is being sentenced in court, any history of extrajudicial sanctions, the most serious form of extrajudicial measures, will be included in a pre-sentence report (s. 40 YCJA). In other words, extrajudicial sanctions will come up during sentencing, but other extrajudicial measures will not.

Last Reviewed:
May, 2022
Reviewed by: