5,109
edits
Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
From Clicklaw Wikibooks
Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)
Revision as of 19:21, 19 August 2018
, 19:21, 19 August 2018→1. Compelling a Young Person’s Appearance in Court
| Line 96: | Line 96: | ||
=== 1. Compelling a Young Person’s Appearance in Court === | === 1. Compelling a Young Person’s Appearance in 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 | 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. | 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. | ||
| Line 102: | Line 102: | ||
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: | ||
*Crown Counsel is either seeking the Detention of the young person or conditions of release for the young person, or | *Crown Counsel is either seeking the Detention of the young person or conditions of release for the young person, or | ||
*the whereabouts of the young person are unknown. | *the whereabouts of the young person are unknown. | ||
=== 2. Time Limitations === | === 2. Time Limitations === | ||
