Youth Justice Court Trials

Trials in Youth Justice Court

A Youth Justice Court trial is open to the public unless the judge decides that the public should not hear some information. Then the judge can order that only certain people can be in the court. They would usually be you, your parents, your lawyer, the prosecutor (or Crown Counsel), and the youth worker.

The identity of a young person in youth justice court is normally protected. Information that identifies them can be published only in limited cases. This is called a publication ban. Judges can lift a publication ban if a youth receives a youth sentence for a violent offence. The judge considers whether the youth may commit another violent offence and whether lifting the publication ban will protect the public.

You have the right to a lawyer to represent you in Youth Justice Court. Anytime you are in court without a lawyer, you can tell the judge that you want a lawyer and the judge will make sure that you get one. If you cannot afford a lawyer, the judge will refer you to Legal Aid. It is best to speak with a lawyer before you go to court the first time. The numbers to call are at the end of this script.

If you are charged with a crime, the court considers you innocent until the prosecutor proves you guilty, beyond a reasonable doubt.

Before the trial

Young people who are charged with serious offences, or who have a history of charges or convictions, may be held in custody before the trial. A serious offence is any indictable offence with a maximum punishment of imprisonment for 5 years or more for an adult. It includes violent offences, some property offences (for example, theft over $5,000, auto theft), and offences that could endanger the public (for example, dangerous driving, public mischief, unauthorized possession of a firearm, murder).

Penalties if you’re guilty

The penalty you get is called a sentence. If a judge decides you are guilty, the judge may ask a youth court worker to prepare a pre-sentence report. The report will tell the judge all about you, including whether you've been in trouble before.

Here are some of the sentences a judge can give, alone or in combination:

• an absolute discharge – the judge finds you guilty but gives you another chance; your record will be destroyed after one year
• a fine of up to $1,000
• an order to:
  • pay the victim of your crime compensation for loss (called restitution)
  • do up to 240 hours of community service
  • report to a probation officer regularly for up to 2 years
  • put you in custody at a Youth Custody Facility

For most offences, the maximum time in custody is 16 months in a facility, plus 8 months of supervision after release from the facility. A court can consider a youth’s pattern of criminal activity—not just whether they are guilty in the case—in deciding whether to put a youth in custody.

A judge can give you an adult sentence

The Youth Criminal Justice Act (the “Act”) requires the prosecutor to consider applying to the Court for an adult sentence for youth 14 and older who are charged with serious violent offences including murder, attempted murder, manslaughter, or aggravated sexual assault. The prosecutor must tell the court if they are not seeking an adult sentence in these cases. Each province and territory can set the age, 14 to 16 years, when these requirements apply to the prosecutor.

A judge can give you the same sentence an adult would get if you are at least 14 years old and charged with a serious offence. Young people between 14 and 17 can be in custody for life and not eligible for parole for up to 7 years for second-degree murder and 10 years for first-degree murder. But no young person will serve their sentence in an adult prison or penitentiary—even if they receive an adult sentence. When the person turns 18 they may be moved to an adult facility.

Criminal and other records

Both the police and Youth Justice Court keep records of convictions. These are usually kept private and destroyed after a certain time. Until then, the judge can look at them when sentencing a young person. Sometimes, for the safety of others, the law allows the records to be given to certain people, like a victim, police officer, and director of a corrections institution. You should ask a lawyer about how the rules on Youth Justice Court records apply to your situation and when your records will be destroyed.

The Act requires police to keep records of extrajudicial measures so they can identify patterns of criminal activity. Extrajudicial measures include warnings, cautions, and referrals to community agencies.

Alternatives to trial

The Youth Criminal Justice Act (available at http://laws-lois.justice.gc.ca) is a law that controls how criminal law applies to young people accused of breaking a federal law. The Act deals only with young people who are at least 12 years old and not yet 18. For some types of offences, the Act has a procedure called “extrajudicial measures” or “diversion” because offenders are diverted (or taken) out of the youth criminal justice system. Instead of going to court where a judge decides if you are guilty, you can take responsibility for your actions and avoid a trial.

Your lawyer can apply to the prosecutor for you to take part in a diversion program. Usually, you have to admit in writing that you are guilty and then pay for your crime by doing community service and apologizing to the victim. Often, you apologize by writing a letter to the victim.

Legal help

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 the Lawyer Referral Service, 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.

For more information, check script 225, called “Young People and Criminal Law”.

[updated November 2014]

---

---

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

In law, in British Columbia a person under the age of 19.

A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

Something which can be owned. See "chattels" and "real property."

In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership."

In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."