Criminal law

Other Measures

What is an extrajudicial measure?

Extrajudicial measures are alternatives to the formal legal system. The goal of these measures is to rehabilitate adolescents who have done something illegal and hold them responsible for their actions.

If an extrajudicial measure is used, a young person will usually not face criminal charges. This means he won’t have to go to court.

As soon as they intervene in the case of an adolescent offender, the police must consider using extrajudicial measures.

Are there different types of extrajudicial measures?

Yes. The law allows police to choose from the following extrajudicial measures:

• Take no further action against the adolescent.
  
  
• Give him a warning. This means that the police take the time to talk to the young person and his parents or guardian (a person who has responsibility for the young person and takes the place of his or her parents). The police must clearly explain the possible legal consequences of the young person’s behaviour.
  
  
• Give him a caution. A caution is an official warning. It can be delivered in a letter addressed to parents or a guardian or during a meeting. The letter will state that the young person committed an offence and that the police intervened. Note that there is currently no caution program in place Quebec.
  
  
• Refer the young person to a community organization or program that can help him change his behaviour so that he won’t commit another offence. The adolescent must agree to this kind of measure.

It is important to know that when a police officer applies one of these measures, the young person has the right to consult a lawyer. This is especially important when the measure chosen is referral to a community organization or program since the young person must agree to this measure. Consulting a lawyer can help him make an informed decision.

When the offence committed by a young person is more serious and the extrajudicial measures described above are not appropriate, the police can apply more severe measures, called “extrajudicial sanctions”.

Extrajudicial sanctions can include making a donation to an organization, doing volunteer work for the victim or performing community service. If you would like to know more, consult the Infosheet Extrajudicial Sanctions

Why choose extrajudicial measures?

The law dealing with young people who commit criminal offences states that extrajudicial measures are often the quickest and most effective way to address youth crime.

Extrajudicial measures help a young person understand that his behaviour is not only against the law, but is unacceptable to society.

These measures encourage him to recognize and repair the harm he has caused without having to go through the formal legal process and coming out with a court record.

A decision about extrajudicial measures is made as soon as possible after an arrest. Responding quickly to an adolescent’s criminal behaviour increases the chances of correcting it and preventing future run-ins with the law.

Since it was a relatively minor incident, Costas’ schoolyard fight is a good example of an offence for which extrajudicial measures would be appropriate.

When are extrajudicial measures appropriate?

When an adolescent commits an offence for the first time and the offence is non-violent (shoplifting, for example), the law states that extrajudicial measures are the most appropriate response.

But even when an adolescent has been dealt with in the past by using an extrajudicial measure, and even if it not the first offence, extrajudicial measures might still be used as long as they are adequate to hold the adolescent accountable for his behaviour

The main question is whether the measure is adequate enough to hold the young person accountable and reduce his chances of re-offending.

Who gets to select the extrajudicial measure?

Several people participate in choosing an extrajudicial measure. The first person is the arresting police officer. As soon as she intervenes, the officer must decide whether to file charges or apply an extrajudicial measure.

When the officer thinks it is approprite to use the more serious extrajudicial sanctions program, the file must first be shown to a Crown prosecutor, a lawyer responsible for handling criminal cases on behalf of the government.

The Crown prosecutor must then decide if the evidence against the young person is adequate enough to take the case to court. If there is not enough evidence to justify pressing charges, the file will be closed.

If there is enough evidence to proceed, the Crown prosecutor can still ask the Director of Youth Protection to look at the case to see if an extrajudicial sanction is appropriate. (The Director is a person appointed by the goverment to look after the well-being of children and adolescents.)

Before a sanction can be imposed, the young person must accept responsibility for the offence and agree to the sanction.

Not only are the police and the Crown important in this process, but the victims also play a big role. Since an extrajudicial sanction can be a way of repairing harm done to victims, the law gives them an opportunity to express their opinion on what sanction they think is acceptable.

Families and the community are also encouraged to participate. With all these people involved, chances are that an appropriate sanction will be chosen.

1. Regroupement des organismes de justice alternative du Québec
2. Texte de la loi