The second principle is that extrajudicial measures should be used if they are adequate to hold the youth accountable for his or her behaviour and if such measures fit with the other guiding principles outlined in the Act.

Extrajudicial measures can be used for a youth who has already received an extrajudicial measure in a previous case OR who has already had a finding of guilt. A youth can, therefore, receive extrajudicial measures several times, even if they already have a youth record.

In the youth criminal justice system, a young person does not receive a conviction – they have a finding of guilt.

Objectives

The YCJA also sets clear objectives for extrajudicial measures (section 5). These objectives say that the measures should:

• provide an effective and timely response to behaviour that is against the law;
• encourage young persons to acknowledge and repair the harm caused to the victim and the community;
• encourage their families and other members of the community to be involved in the design and implementation of extrajudicial measures;
• provide the chance for victims to participate in decisions related to the measures and to receive reparation;
• respect the rights and freedoms of young persons and be proportionate to the seriousness of the offence.

Warnings, Cautions and Referrals

When the police believe that a youth has committed a crime, the YCJA requires police officers to use their discretion in deciding whether to charge the youth OR to divert the young person from going through the court system. If the police decide to use an extrajudicial measure, the officer can choose to do any of the following things:

1. Take no further action against the youth.

2. Give a warning or caution.
   An officer may decide to give a verbal warning or a written caution to the youth. This often involves the officer talking to the youth about the impact of what the youth has done and explaining the legal consequences if the youth is caught again by the police for the same behaviour. The warning or caution may be entered into the local police records system so that if police deal with that youth again in the future, they know that the youth was warned in the past. Youth can receive more than one warning or caution.