Youth and the Law/Arrest and Police
|
|
When can the police stop me?
The police can stop you if they have reasonable and probable grounds to believe you have, or are about to, commit a crime. They can also stop you if you are caught committing a crime.
If I get into trouble, do the police have to charge me?
No. There are ways of dealing with less serious offences that do not involve proceedings in Youth Justice Court. The police will assess your situation and they have some discretion about the way they handle your case. If you have not committed a serious offence the Youth Criminal Justice Act encourages the police to use what are called extrajudicial measures. These measures divert youth from the court process and keep them from having a youth record.
What can the police do if they stop me?
The police will make a decision about whether or not to charge you with breaking a law. They can decide to take no further action and let you go. They must consider extrajudicial measures which could mean
- referring you to a program or agency, if you agree;
- letting you go with a warning or a caution;
- charging you and sending you home;
- charging you and detaining you.
When can I be arrested?
The police have the right under the Criminal Code to arrest you. To be arrested means to be deprived of your freedom against your will by legal authority. The police have the right to arrest you when
- you have committed a serious crime;
- the police officer has reasonable and probable grounds to believe that you have committed a serious crime, or you are about to do so;
- you are caught in the process of committing a serious crime;
- the police officer sees you breaching the peace in some way, such as fighting.
What happens once I am arrested?
While they are investigating an incident, the police may detain you to ask you questions. Then they must either arrest you and charge you with an offence or make a decision to handle your situation outside of formal charges.
The police officer must tell you that you are under arrest and charge you with an offence.
What happens if I am charged with an offence?
The police MUST
- tell you what you are charged with in a way that you understand;
- tell you that you have a right to call, retain, and give instructions to a lawyer;
- tell you that you have the right to talk to your parents or other adult;
- tell you about the availability of legal aid, free preliminary legal advice or the availability of duty counsel to help you;
- tell you that you have the right to change your mind, so that if you have given a statement to the police without a lawyer, parent, or other adult present, you may decide that you would now like to have one of these people present;
- give you a reasonable opportunity to exercise these rights.
At the police station, the police will ask you for your name, address, and birth date. You are required to give them this information. They may also take your picture and fingerprints.
Can I ask for help?
Yes. All Canadians, under the Charter of Rights and Freedoms, have the right to talk to a lawyer, and to retain and give instructions to a lawyer if they have been arrested or detained. All Canadians must be informed of this right and be given a reasonable opportunity to use it. Young people are no exception, and the Youth Criminal Justice Act is very clear that you must be given the same rights as adults have under the Charter and some additional protections, as well.
What protections do I have?
There are a number of rights that young people have if they are arrested or detained by the police.
- You must be told immediately that you have the right to speak to a lawyer and to hire a lawyer to help you. This right belongs to you personally; you do not need to use it through your parents or legal guardians.
- You have the right to retain and instruct a lawyer at any stage of the legal proceedings against you.
- The police must also tell you that you have the right to talk to your parents or other adult and this right is separate from your right to have the help of a lawyer.
- The police must tell you about the availability of legal aid, free preliminary legal advice or the availability of duty counsel to help you.
- You must be told that you have the right to change your mind, so that if you have given a statement to the police without lawyer, parent or other adult present, you may decide that you would now like to have one of these people present.
All of this information must be given to you in a language and in a manner that you can understand.
What if I decide to talk to the police?
After consulting with a lawyer, your parent, or another adult, you may choose to make a voluntary statement to the police, in the presence of one of these people. If you choose to make a statement to the police, and if the police have followed all the steps set out in the previous question, then any statement you make may be used as evidence against you in court.
Do the police have to tell my parents about what has happened to me?
Yes. The YCJA is trying to help young people, their families, and communities take responsibility for criminal behaviour. The police are required to make every effort to contact your parents or guardian when you are charged with an offence.
If you are released and allowed to go home, the arresting officer must give notice in writing to your parent of all legal proceedings involving you. The notice must be made as soon as possible, and must contain
- your name,
- the charge against you,
- the time and place that you must appear in court, and
- a statement that you, as a young person, have the right to be represented by a lawyer.
If I am charged, should I call a lawyer?
There are many reasons why you should call a lawyer:
- Anything you say can be used against you. You need to know what to say and to whom.
- You have the right to legal advice and should take advantage of that right.
- The lawyer acts for you and not for your parents.
- Lawyers know the system.
- Lawyers can explain options and consequences.
See Also
| Other FAQs in this section | ||||
|---|---|---|---|---|
| Age Related | Introduction | Arrest and Police | Extrajudicial Measures and Sanctions | Youth Court |
This page was last updated in January, 2004.
Back