Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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The procedure for compelling a young person to attend court is generally the same as that for adults as set out in the ''CC''. A police officer may release a young person on either an Appearance Notice or a Promise to Appear (and Undertaking). These documents will indicate a time, date and location for the Young Person’s first appearance in Court. If the Information is not laid prior to this first appearance the Appearance Notice or the Promise to Appear will be rendered a nullity. The Undertaking, however, will continue in force as long as the charges are before the Court. | The procedure for compelling a young person to attend court is generally the same as that for adults as set out in the ''CC''. A police officer may release a young person on either an Appearance Notice or a Promise to Appear (and Undertaking). These documents will indicate a time, date and location for the Young Person’s first appearance in Court. If the Information is not laid prior to this first appearance the Appearance Notice or the Promise to Appear will be rendered a nullity. The Undertaking, however, will continue in force as long as the charges are before the Court. | ||
The Ontario Court of Appeal in ''R v Oliveira'', 2009 ONCA 219 held that a Promise to Appear and an Undertaking serve two distinct and separate purposes. The Court went on to explain that the purpose of the Promise to Appear is to secure the initial attendance of the Accused in Court. The Undertaking, in contrast, constitutes a promise by the Accused to comply with certain conditions in exchange for his release from custody pending the resolution of the charges. | If the young person does not appear when they are supposed to or fails to comply with an undertaking, they can be charged with failure to comply. If the original charge that they made the Promise to Appear/Undertaking for is dismissed, withdrawn, or stayed, or the young person is acquitted, the Attorney General must review the charge for failure to comply before that prosecution can proceed (Bill C-75 s 24.1). | ||
The Ontario Court of Appeal in [http://canlii.ca/t/22qlw ''R v Oliveira'', 2009 ONCA 219] held that a Promise to Appear and an Undertaking serve two distinct and separate purposes. The Court went on to explain that the purpose of the Promise to Appear is to secure the initial attendance of the Accused in Court. The Undertaking, in contrast, constitutes a promise by the Accused to comply with certain conditions in exchange for his release from custody pending the resolution of the charges. | |||
Alternatively, and after an Information has been laid, a young person will be compelled to Court by either a Summons or a Warrant. A Warrant is issued where: | Alternatively, and after an Information has been laid, a young person will be compelled to Court by either a Summons or a Warrant. A Warrant is issued where: | ||