Difference between revisions of "Young People and Criminal Law"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = Yulina Wang, Barrister & Solicitor, and James Henry and Lindsay Wold, Crown Counsel|date= August 2017}} {{Dial-A-Law TOC|expanded = crime}}
Learn the rights a young person has in dealing with the police or if they’re charged with a crime. Also, some key options for young people in getting legal help.


{{Dial-A-Law TOC|expanded = criminal}}
==What you should know==
The ''Youth Criminal Justice Act'' ("Act") is the law that controls how criminal law, which is federal, applies to young people accused of breaking a federal law. It is available at http://laws-lois.justice.gc.ca/eng/acts/Y-1.5/index.html. The Act deals only with young people who have had their 12th birthday but have not yet had their 18th birthday. The Act does not apply to children under 12. Nor does it apply to people over 17 – the ''Criminal Code'' of Canada applies to everyone over 17. It is available at http://laws-lois.justice.gc.ca/eng/acts/C-46/.


The ''Youth Criminal Justice Act'' explains how police, courts, and the correctional system must treat young people who are arrested, charged, or convicted of a crime under federal laws.
===The legal framework===
There are two main laws that come into play when talking about young people and criminal law.


The most important federal criminal law is the ''Criminal Code''. It covers common crimes like shoplifting, breaking and entering, car theft, and assault. It also covers the most serious crimes, like murder. Other federal laws deal with things like possessing and selling (or trafficking) illegal drugs.
The most important is [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html the federal criminal law called the ''Criminal Code'']. It covers common crimes like shoplifting, breaking and entering, car theft, and assault. It also covers the most serious crimes, like murder. ([https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html Another federal law covers illegal drugs].)


Provincial laws, not the ''Youth Criminal Justice Act'', cover many other crimes, such as drinking under age, trespassing, and breaking traffic laws.
[https://www.canlii.org/en/ca/laws/stat/sc-2002-c-1/latest/sc-2002-c-1.html The second key law is the ''Youth Criminal Justice Act''], which controls how federal criminal laws (such as the ''Criminal Code'') apply to young people between ages 12 and 17.


==Your rights if the police stop you and question you==
There are also provincial laws that cover many other offences, such as drinking under age, trespassing, and breaking traffic laws.
The ''Canadian Charter of Rights and Freedoms'' guarantees basic rights to everyone – including teenagers. One important protection is the right to legal advice if police arrest or detain you. You have the right to call a lawyer as soon as possible, if the police arrest you. You can use the phone book to find the number of the Lawyer Referral Service, Legal Aid, or a lawyer.


You also have the right to remain silent. If the police question you, you don't have to say anything that they could use against you. Anything you do say can be used against you in court. If the police ask you to say anything, you have the right to speak to your parent or another adult.
===If the police stop you and question you===
[https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html The ''Charter of Rights and Freedoms'' guarantees basic rights to everyone in Canada] — including young people.


Although you have the right to be silent, in some cases, the law requires you to answer some questions the police ask. For example, if the police stop you when you are driving a vehicle, you must give them your name and address and show them your driver's license, vehicle registration, and proof of insurance.
====On arrest or detention====
One important protection is the '''right to legal advice''' if police '''arrest or detain you'''. Being detained is when you are kept somewhere you don’t want to be. You have the right to call a lawyer as soon as possible if the police arrest or detain you. Below, we suggest options to find a lawyer.


In other situations, if the police just want to know what's going on, they might ask for your name, address, and date of birth. You may want to give this information to avoid problems.
Police can only detain you if there are '''reasonable''' '''grounds''' (good reasons) to suspect you are connected to a crime. You have the right to know why you are being detained.


If the police charge you with an offence, you must give them your name and address, but that’s all.
====The right to remain silent====
You also have the '''right to remain silent'''. If the police question you, you don't have to say anything. Anything you do say can be used against you as evidence in court.


==If you are arrested==
You don’t even have to tell police your name, but it may make the interaction end more quickly or go more smoothly if you give them your name and address. (The exception to this is if you’re driving. When you’re driving, you must identify yourself to the police.)
When police arrest you, they must tell you what offence they think you committed. They can’t take you into custody unless they arrest you. The police must give you a chance to call a lawyer as soon as reasonably possible after they arrest you.
 
In other situations, if the police are just making conversation, you can politely ask them, “Am I free to go?” If the answer is yes, you can leave. If the answer is no, you are being detained.
 
===If you are arrested===
If the police arrest you, they must tell you what offence they think you committed. They can’t take you into custody unless they arrest you. The police must give you a chance to call a lawyer as soon as reasonably possible after they arrest you.


If the police arrest you, they must immediately tell you that:
If the police arrest you, they must immediately tell you that:
*you do not have to say anything or answer any questions
*anything you do say can be used against you as evidence in court
*you have the right to speak to a lawyer and a parent or other adult before you say anything
*the lawyer or an adult must be with you when you make a statement to police, unless you choose not to have that adult with you


If you are arrested, you should speak to a lawyer before deciding whether you want to give a statement to the police.
* you do not have to say anything or answer any questions
* anything you do say can be used against you as evidence in court
* you have the right to speak to a lawyer and a parent or other adult before you say anything
* a lawyer or an adult must be with you when you make a statement to police, unless you choose not to have that adult with you
 
{| class="wikitable"
|align="left"|'''Tip'''
If you are arrested, you should speak to a lawyer before deciding whether to give a statement to the police. Below, we suggest options to find a lawyer.
|}


==If you are charged with an offense but not arrested==
===If you are charged with an offence but not arrested===
The police can recommend that you be charged with an offence without arresting you. In that case, they give you an Appearance Notice that orders you to go to court to speak to a judge on a certain day. Or, the police can get a court order called a Summons, and have it delivered to you at home. Like an Appearance Notice, a Summons will tell you when and where you have to go to see a judge.
The police can recommend you be charged with an offence and not arrest you. In that case, they give you an '''appearance notice''' that says when you must go to court. Or, the police can get the court to issue a '''summons''', and have it delivered to you at home. Like an appearance notice, a summons will tell you when and where you have to go to court.


You may also have to go to the police station at a specific time to get fingerprinted and photographed. The police have the right to take pictures and fingerprints only for certain offences. Talk to a lawyer before you go to the police station for pictures and fingerprints, to see if you must go.
You may also have to go to the police station at a specific time to get fingerprinted and photographed. The police have the right to take pictures and fingerprints only for certain offences. Talk to a lawyer before you go to the police station for pictures and fingerprints, to see if you must go.


==Legal help==
For more, see our information on [[If You Receive an Appearance Notice or Summons|if you receive an appearance notice or summons]].
If you do not have a lawyer for a proceeding under the ''Youth Criminal Justice Act'', you will be able to get a lawyer through Legal Aid. The telephone numbers for Lawyer Referral, Legal Aid, and individual lawyers are in the telephone book.
 
If you are in police custody, you can call a 24-hour emergency number for legal advice. In Vancouver and the lower mainland, call 1.866.458.5500. Elsewhere in BC, call 1.866.458.3300. Usually, a lawyer will answer your call right away. If you cannot get through at that number, call 1.250.882.9451 and leave a message. A lawyer will try to phone you back within 30 minutes.


All the laws mentioned in this script are available on the Canadian Department of Justice website at http://laws-lois.justice.gc.ca/eng.
{| class="wikitable"
|align="left"|'''Tip'''
If the police charge you with an offence, you must give them your name and address, but that’s all. If you're a young person charged with a federal offence, you have a right to legal representation. Below, we suggest options to find a lawyer.
|}
==Who can help==


For more information, check script [[Youth Justice Court Trials (Script 226)|226]], called “Youth Justice Court Trials”.
===Finding a lawyer===
If you're a young person charged with a federal offence, you have a right to legal representation. Contact '''Legal Services Society''' to see if you qualify for a free lawyer through legal aid.
* Call 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (toll-free)
* [https://lss.bc.ca/legal_aid/ Visit website]


You can also find a lawyer through the '''Lawyer Referral Service'''.
* Call 604-687-3221 (Greater Vancouver) or 1-800-663-1919 (toll-free)
* [http://www.accessprobono.ca/lawyer-referral-service Visit website]


[updated January 2015]
===If you are in police custody===
 
If you are arrested and in police custody, you can call the '''Brydges Line''' to speak with a lawyer. This is a free 24-hour emergency number for legal advice. 
{{REVIEWED | reviewer = Anna Kurt}}
* Call 1-866-458-5500 (toll-free)
----


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Latest revision as of 01:16, 16 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Yulina Wang, Barrister & Solicitor, and James Henry and Lindsay Wold, Crown Counsel in August 2017.

Learn the rights a young person has in dealing with the police or if they’re charged with a crime. Also, some key options for young people in getting legal help.

What you should know

The legal framework

There are two main laws that come into play when talking about young people and criminal law.

The most important is the federal criminal law called the Criminal Code. It covers common crimes like shoplifting, breaking and entering, car theft, and assault. It also covers the most serious crimes, like murder. (Another federal law covers illegal drugs.)

The second key law is the Youth Criminal Justice Act, which controls how federal criminal laws (such as the Criminal Code) apply to young people between ages 12 and 17.

There are also provincial laws that cover many other offences, such as drinking under age, trespassing, and breaking traffic laws.

If the police stop you and question you

The Charter of Rights and Freedoms guarantees basic rights to everyone in Canada — including young people.

On arrest or detention

One important protection is the right to legal advice if police arrest or detain you. Being detained is when you are kept somewhere you don’t want to be. You have the right to call a lawyer as soon as possible if the police arrest or detain you. Below, we suggest options to find a lawyer.

Police can only detain you if there are reasonable grounds (good reasons) to suspect you are connected to a crime. You have the right to know why you are being detained.

The right to remain silent

You also have the right to remain silent. If the police question you, you don't have to say anything. Anything you do say can be used against you as evidence in court.

You don’t even have to tell police your name, but it may make the interaction end more quickly or go more smoothly if you give them your name and address. (The exception to this is if you’re driving. When you’re driving, you must identify yourself to the police.)

In other situations, if the police are just making conversation, you can politely ask them, “Am I free to go?” If the answer is yes, you can leave. If the answer is no, you are being detained.

If you are arrested

If the police arrest you, they must tell you what offence they think you committed. They can’t take you into custody unless they arrest you. The police must give you a chance to call a lawyer as soon as reasonably possible after they arrest you.

If the police arrest you, they must immediately tell you that:

  • you do not have to say anything or answer any questions
  • anything you do say can be used against you as evidence in court
  • you have the right to speak to a lawyer and a parent or other adult before you say anything
  • a lawyer or an adult must be with you when you make a statement to police, unless you choose not to have that adult with you
Tip

If you are arrested, you should speak to a lawyer before deciding whether to give a statement to the police. Below, we suggest options to find a lawyer.

If you are charged with an offence but not arrested

The police can recommend you be charged with an offence and not arrest you. In that case, they give you an appearance notice that says when you must go to court. Or, the police can get the court to issue a summons, and have it delivered to you at home. Like an appearance notice, a summons will tell you when and where you have to go to court.

You may also have to go to the police station at a specific time to get fingerprinted and photographed. The police have the right to take pictures and fingerprints only for certain offences. Talk to a lawyer before you go to the police station for pictures and fingerprints, to see if you must go.

For more, see our information on if you receive an appearance notice or summons.

Tip

If the police charge you with an offence, you must give them your name and address, but that’s all. If you're a young person charged with a federal offence, you have a right to legal representation. Below, we suggest options to find a lawyer.

Who can help

Finding a lawyer

If you're a young person charged with a federal offence, you have a right to legal representation. Contact Legal Services Society to see if you qualify for a free lawyer through legal aid.

  • Call 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (toll-free)
  • Visit website

You can also find a lawyer through the Lawyer Referral Service.

  • Call 604-687-3221 (Greater Vancouver) or 1-800-663-1919 (toll-free)
  • Visit website

If you are in police custody

If you are arrested and in police custody, you can call the Brydges Line to speak with a lawyer. This is a free 24-hour emergency number for legal advice.

  • Call 1-866-458-5500 (toll-free)
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