Yellowknife (Mar 31/03) - A new youth justice act allows youth courts to get tough on violent, repeat offenders but keep those who commit minor crimes out of jail.

The Youth Criminal Justice Act applies to youth between age 12 and 17. It officially replaces the Young Offenders Act tomorrow.

Major changes in the legislation which replaces the Young Offenders Act include: Allowing adult sentences for youths 14 and older who are convicted of offences punishable by more than two years in jail. Currently, it is presumed offenders 16 or older will receive adult sentences for murder, attempted murder or aggravated sexual assault. The new law lowers the age to 14. Young people with a history of repeated, serious violent offences are also subject to adult sentences. Eliminating the lengthy process of transferring youth cases to adult court by allowing youth courts to impose adult sentences when appropriate. Sentences for repeat, serious offenders will include intensive treatment and supervision. Victim impact statements are now permitted in youth court. Media can publish the names of all youth who receive adult sentences and the names of youth given a youth sentence for murder, attempted murder, manslaughter, aggravated assault or repeat violent offences. Publication of names is also allowed if a youth who is at large is considered dangerous by a judge.

The new legislation addresses Canada's high incarceration rate for young offenders by reserving jail time for the most serious offences.

It allows youth courts to impose adult sentences on youth 14 and older who commit serious, violent crimes.

On the other hand, it encourages community-based solutions, such as paying compensation or restitution to the victims, for less serious crimes. Other sentencing options in the act range from verbal warnings from RCMP to community service.

The NWT is ahead of the game when it comes to community justice, said Janice Laycock, acting director of policy and planning at the territorial Department of Justice.

"We're not going to see a huge effect on the North because of the focus the North has had on community justice," she said.

"I think we've been doing a lot of the things that are being formalized and codified in the act."

The NWT's rate of youth admitted into jail was the highest in the country in 2000/2001. According to Statistics Canada, during those years, the rate was 511 per 10,000. The national rate was 60 per 10,000.

Since that time, the number of youth admitted into jail has dropped by 25 per cent, said NWT Department of Justice spokesperson Glen Rutland. "I think that goes to the programs. And with the principles of the YCJA, I imagine we'll see a further reduction in the number of youth admitted to custody."

However, the new North Slave Young Offender facility was built with a secure custody area, keeping in mind the legislation will see more violent offenders heading to jail.

"That facility was designed recognizing we might be dealing with more serious offenders in the facility," said Rutland. "That's why we're putting a focus on programs and rehabilitation in a secure environment."