Youth and the Law/Youth Court
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What happens if I have to go to court?
If your case cannot be handled by an extrajudicial measure, or an extrajudicial sanction, then you will be given a notice that you must appear in Youth Justice Court.
The notice you are given could be called
- an Appearance Notice,
- a Promise to Appear, or
- a Recognizance.
It will tell you the date, time, and place that you must go to court. It may also tell you that you have to go to the police station to be fingerprinted and photographed.
What is Youth Justice Court like?
Youth courts are special courts set up to handle only cases involving young persons. It is held in specially designated courtrooms in the courthouse in your community. Youth courts are open to the public and members of the media.
Youth Justice Courts have exclusive jurisdiction to deal with any alleged offence committed by a young person, and young persons must be dealt with as provided by the Youth Criminal Justice Act.
When I go to Youth Justice Court, who will be there?
- A Youth Justice Court Judge will be in charge in the courtroom. The judge will decide if you are guilty of the charge against you, and give the sentence if you are convicted.
- A Court Clerk handles the paperwork, calls the cases in turn, reads the offence you are charged with to you, gives oaths to the witnesses, and assists the judge.
- A Court Reporter takes notes of everything that witnesses say in the courtroom, and prepares a written record.
- You and your parent will be there, as well as any witnesses who will be giving evidence in your case.
- A Crown Prosecutor, a lawyer who works for the government, must try and prove that you are guilty of the offence you are charged with.
- Your lawyer, the Defence Counsel, will be there too. His or her job is to protect your rights and defend you against the charge against you.
- The courts in Canada are generally open to everyone, so members of the public may be there, watching and listening to the proceedings.
Do my parents have to go to Youth Justice Court with me?
Under the Youth Criminal Justice Act, your parents must be notified in writing of all legal proceedings involving you as soon as possible. The notice to them must include your name, the charge against you, the time and place where you must appear, and a statement that you have the right to be represented by counsel.
If you don't live with your parents or don't know where they are, then another adult relative who is likely to be able to help you can be notified.
If you do not have a suitable adult relative to help, then any other appropriate adult you select can be given the notice.
What happens if my parent doesn't come to court with me?
The Youth Court Judge will ask questions about where your parents are. The judge will want to know why one of them is not there.
If the judge decides that it is in your best interests that your parent be there, then he or she may order your parent to attend court with you, and arrange to have that order given personally to your parent. Your case will be set aside until another day so that your parent can be given the order and can attend on the new date.
What will happen the first time I go to court?
The judge will ask you if you have a lawyer representing you and if you do not, the judge will tell you that you have the right to have a lawyer to help you. The Clerk of the Court will read out loud the charge against you and you will be asked if you want to plead " guilty" or " not guilty". If the judge is not convinced that you understand, then he or she will not let you plead guilty. If you plead not guilty, the judge will set a date for a trial.
What if I plead "guilty"?
If you plead guilty, the judge will ask you questions to make sure that you understand the charge against you. The judge may decide your sentence right then. The judge may order that a probation officer prepare a report about you that will assist the judge in making an appropriate sentence for you. This is called a pre-sentence report. The judge will set another day when you must return to court and the probation officer must have completed the pre-sentence report. The judge will then give you your sentence. A pre-sentence report must be completed if the judge is thinking about giving you a sentence in custody or under court supervision.
What if I plead "not guilty"?
If you plead not guilty, the judge will consult with your lawyer and the Crown Prosecutor and select a suitable trial date. You will have to come back to court on that day.
What will happen at the trial?
A trial is a formal court proceeding where
- witnesses are called to give evidence.
- you and your lawyer must be there, and you may give evidence on your own behalf, although you do not have to.
- you are presumed to be innocent until you are proven guilty, you do not have to give evidence and the judge cannot use your silence against you.
- the Crown Prosecutor will call the witnesses and ask them questions. Then your lawyer will be able to ask questions too.
- your lawyer can then call witnesses on your behalf and the Crown Prosecutor may ask them questions.
- after all the witnesses have given their evidence, the judge will make a decision about whether you are guilty or not guilty.
There are almost never trials by jury in Youth Justice Court.
What happens if the judge finds me "not guilty"?
If the judge finds you not guilty, then you are acquitted of the charges, you are free to go, and the case against you is over.
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.
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