Youth Criminal Justice Act - Presumptive Offence

Presumptive Offence

A presumptive offence is an offence committed or alleged to have been committed by a young person who has attained the age of fourteen years. An adult sentence can be imposed on a young person who is found guilty of an offence for which an adult can be sentenced to imprisonment for more than two years if the offence was committed after a young person is fourteen years of age. Presumptive offence may be used under one of the following charges: first degree or second degree murder, attempt to commit murder, manslaughter or aggravated sexual assault. Other serious offences can fall within presumptive offence if it is the third conviction for such an offence. The media is allowed to identify the youth who receives a sentence for a presumptive offence. The Judge will decide to identify the young person if a) There is reason to believe the young person is a danger to others. b) Publication of the information is necessary to assist in apprehending the young person. The age of fourteen may sometimes be raised in a province where the Lieutenant Governor in council has fixed the age greater than fourteen. Youths who are 12 or 13 at the time of the offense may be sentenced in the same way, only for the following: first degree or second degree murder or manslaughter.