Extrajudicial sanctions are the most formal type of extrajudicial measures. Crown counsel may only use extrajudicial sanctions when:
- It is appropriate given the needs of the youth and the interests of society
- The youth has accepted responsibility
- There is an extrajudicial sanctions program in the community authorized by the government
- There is enough evidence to proceed with the charge
- The youth has agreed to the sanction, has been advised of his or her right to a lawyer and has been given an opportunity to talk to a lawyer
- Other extrajudicial measures are not enough to hold the youth accountable
The conditions of an extrajudicial sanction should be reasonably achievable by the youth within a three-month time period. The terms and conditions should be fair, proportionate, and a relevant response to the offence. The illustration below shows example terms of extrajudicial sanctions.
Extrajudicial Sanctions:
- Verbal or written apology to victim
- Counselling
- Complete an essay or research assignment
- Full or partial restitution or compensation for the victim ($)
- Participation in victim -offender mediation program
- Community service work, or direct service work to the victim (max. 50hrs, 5 in lieu of service not allowed)
- Attend school and or maintain employment
A youth with extrajudicial sanctions will be supervised by a probation officer to ensure the youth is following the terms of the agreement. Parents or the youth guardian are notified about the extrajudicial sanction. Victims can ask to be told the name of the youth and how the crime has been dealt with.
If the youth has been charged with a crime and Crown are using extrajudicial sanctions, they will delay the case in court to give the youth the chance to follow the terms of the agreement. Extrajudicial sanctions are usually completed within 3-6 months. If the youth follows the agreement, the criminal charge will not go to court. If the youth does not follow the terms, the criminal trial will go ahead.
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