Difference between revisions of "Youth Justice Court Trials"

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{{DEMOWARNING}}
{{REVIEWEDPLS | reviewer = Yulina Wang, Barrister & Solicitor, and James Henry and Lindsay Wold, Crown Counsel|date= August 2017}} {{Dial-A-Law TOC|expanded = crime}}
{{Dial-A-Law Blurb}}
If you are a young person facing a criminal trial, learn your rights and what to expect, from alternatives to trial to possible sentences if a judge finds you guilty.


==Trials in Youth Justice Court==
==What you should know==
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.
===The legal framework===
There are two main laws that come into play when talking about young people and criminal law.


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.
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. ([http://canlii.ca/t/7vtc Another federal law covers illegal drugs].)


If you are charged with a crime, the court considers you innocent until the prosecutor proves you guilty, beyond a reasonable doubt.
[http://canlii.ca/t/7vx2 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.


==Before the trial==
===If you appear in court on a criminal charge===
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).
If you're a young person charged under a federal criminal law (such as the Criminal Code), you have the '''right to a lawyer''' to represent you. Anytime you are in court without a lawyer, you can tell the judge you want a lawyer. 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. Below, we suggest options to find a lawyer.


==Penalties if you’re guilty==
The identity of a young person in youth court proceedings is normally protected. Information that identifies you can be published only in limited cases. This is called a '''publication ban'''. A judge can decide to lift a publication ban at the sentencing stage in more serious cases.
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.
 
===There are alternatives to trial===
For some types of offences, [https://www.canlii.org/en/ca/laws/stat/sc-2002-c-1/latest/sc-2002-c-1.html#sec4_smooth the ''Youth Criminal Justice Act'' has a procedure called '''extrajudicial measures'''] (also known as '''diversion''') for young people who take responsibility for their actions. Instead of having a trial where a judge decides if you are guilty, you can be diverted (or taken) out of the court system.
 
Usually, you must admit your guilt in writing and take responsibility for your actions by doing community service and apologizing to the victim. Often, you apologize by writing a letter to the victim. The program can include counselling and restorative justice, where you meet with the victim.
 
Your lawyer can ask the '''prosecutor''' (the lawyer bringing the case against you) to consider you for a diversion program.
 
===When you may be held in custody===
Young people may be held in custody before a trial where they have been charged with a '''serious offence''', or have a '''history''' of charges or convictions.
 
A serious offence is any '''indictable''' offence with a maximum punishment (for an adult) of five or more years in jail. It includes violent offences, some property offences (for example, theft over $5,000 or auto theft), and offences that significantly endanger others (for example, dangerous driving or unauthorized possession of a firearm).
 
===If there is a trial===
A '''trial''' of a young person is open to the public unless the judge decides it should be private. Then the judge can order that only certain people can be in the court. They would usually be the young person, their parents, their lawyer, the prosecutor, and the youth worker.
 
When you are charged with a crime, the law '''presumes you are innocent'''. At the trial, the '''prosecutor''' (called “Crown counsel”) must prove you are guilty of the offence. They must prove your guilt '''beyond a reasonable doubt'''.
 
===If the judge finds you guilty===
If you are found guilty, the penalty you get is called a '''sentence'''. The judge may ask a youth court worker to prepare a '''pre-sentence report'''. The report will tell the judge about you, including whether you've been in trouble before.


Here are some of the sentences a judge can give, alone or in combination:
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.
* '''An absolute discharge'''. The judge finds you guilty but then discharges you instead of convicting you. A record of your discharge will be kept on file for one year and then deleted.
* '''A probation order'''. The judge places you on probation for up to two years. You must report regularly to a probation officer.
* '''A community service order'''. The judge orders you to perform up to 240 hours of community service.
* '''A fine'''. The judge sets an amount up to $1,000 you must pay to the court.
* '''A restitution order'''. The judge orders you to pay money to the victim for their loss or return property to them.
* '''A custody order'''. The judge sets a period of time you must spend in a youth custody facility. For most offences, the maximum time in custody is 16 months, plus eight months of supervision after release from the facility.
 
A judge can consider your pattern of criminal activity — not just whether you are guilty in the case — in deciding whether to put you in custody.
 
===In some cases, a judge can give a young person an adult sentence===
 
A judge can give a young person the same sentence an adult would get if:


==A judge can give you an adult sentence==
* the offence has a sentence (for adults) of more than two years in jail, and
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.
* the offence was committed after the young person turned 14.


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.
A young person must serve their sentence in a youth facility until they turn 18 — even if they receive an adult sentence.


==Criminal and other records==
A young person can remain in a youth facility until age 20.
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.
===Criminal and youth records===
Both the police and the court keep records of convictions of young persons. This information is part of a person’s '''youth record'''. This is not the same as a criminal record. (An exception is where a young person under age 18 gets an '''adult sentence'''. In that case, the young person will have a criminal record.)


==Alternatives to trial==
Youth records are usually kept private and deleted after a certain time. Until then, the judge can look at them when sentencing a young person.
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.
Sometimes, for the safety of others, the law allows the records to be seen by certain people, like a victim, police officer, or director of a corrections institution.


==Legal help==
[https://www.canlii.org/en/ca/laws/stat/sc-2002-c-1/latest/sc-2002-c-1.html#sec115_smooth The ''Youth Criminal Justice Act'' requires police to keep records of any '''extrajudicial measures'''] they use to deal with young persons. In addition to diversion programs, extrajudicial measures include warnings, cautions, and referrals to community agencies. The purpose of this requirement is to help police identify patterns of criminal activity.
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.
==Who can help==


For more information, check script [[Young People and Criminal Law (Script 225)|225]], called “Young People and Criminal Law”.
===Finding a lawyer===
If you're a young person charged with a federal offence, you have a right to legal representation. Contact '''Legal Aid BC''' 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]


[updated November 2014]
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]


----
===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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Latest revision as of 05:31, 22 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.

If you are a young person facing a criminal trial, learn your rights and what to expect, from alternatives to trial to possible sentences if a judge finds you guilty.

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.

If you appear in court on a criminal charge

If you're a young person charged under a federal criminal law (such as the Criminal Code), you have the right to a lawyer to represent you. Anytime you are in court without a lawyer, you can tell the judge you want a lawyer. 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. Below, we suggest options to find a lawyer.

The identity of a young person in youth court proceedings is normally protected. Information that identifies you can be published only in limited cases. This is called a publication ban. A judge can decide to lift a publication ban at the sentencing stage in more serious cases.

There are alternatives to trial

For some types of offences, the Youth Criminal Justice Act has a procedure called extrajudicial measures (also known as diversion) for young people who take responsibility for their actions. Instead of having a trial where a judge decides if you are guilty, you can be diverted (or taken) out of the court system.

Usually, you must admit your guilt in writing and take responsibility for your actions by doing community service and apologizing to the victim. Often, you apologize by writing a letter to the victim. The program can include counselling and restorative justice, where you meet with the victim.

Your lawyer can ask the prosecutor (the lawyer bringing the case against you) to consider you for a diversion program.

When you may be held in custody

Young people may be held in custody before a trial where they have been charged with a serious offence, or have a history of charges or convictions.

A serious offence is any indictable offence with a maximum punishment (for an adult) of five or more years in jail. It includes violent offences, some property offences (for example, theft over $5,000 or auto theft), and offences that significantly endanger others (for example, dangerous driving or unauthorized possession of a firearm).

If there is a trial

A trial of a young person is open to the public unless the judge decides it should be private. Then the judge can order that only certain people can be in the court. They would usually be the young person, their parents, their lawyer, the prosecutor, and the youth worker.

When you are charged with a crime, the law presumes you are innocent. At the trial, the prosecutor (called “Crown counsel”) must prove you are guilty of the offence. They must prove your guilt beyond a reasonable doubt.

If the judge finds you guilty

If you are found guilty, the penalty you get is called a sentence. The judge may ask a youth court worker to prepare a pre-sentence report. The report will tell the judge 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 then discharges you instead of convicting you. A record of your discharge will be kept on file for one year and then deleted.
  • A probation order. The judge places you on probation for up to two years. You must report regularly to a probation officer.
  • A community service order. The judge orders you to perform up to 240 hours of community service.
  • A fine. The judge sets an amount up to $1,000 you must pay to the court.
  • A restitution order. The judge orders you to pay money to the victim for their loss or return property to them.
  • A custody order. The judge sets a period of time you must spend in a youth custody facility. For most offences, the maximum time in custody is 16 months, plus eight months of supervision after release from the facility.

A judge can consider your pattern of criminal activity — not just whether you are guilty in the case — in deciding whether to put you in custody.

In some cases, a judge can give a young person an adult sentence

A judge can give a young person the same sentence an adult would get if:

  • the offence has a sentence (for adults) of more than two years in jail, and
  • the offence was committed after the young person turned 14.

A young person must serve their sentence in a youth facility until they turn 18 — even if they receive an adult sentence.

A young person can remain in a youth facility until age 20.

Criminal and youth records

Both the police and the court keep records of convictions of young persons. This information is part of a person’s youth record. This is not the same as a criminal record. (An exception is where a young person under age 18 gets an adult sentence. In that case, the young person will have a criminal record.)

Youth records are usually kept private and deleted 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 seen by certain people, like a victim, police officer, or director of a corrections institution.

The Youth Criminal Justice Act requires police to keep records of any extrajudicial measures they use to deal with young persons. In addition to diversion programs, extrajudicial measures include warnings, cautions, and referrals to community agencies. The purpose of this requirement is to help police identify patterns of criminal activity.

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 Aid BC 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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