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 may be called:
- an Appearance Notice;
- a Promise to Appear; or
- a Recognizance.
The notice 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 a police station to be fingerprinted and photographed.
Last Reviewed: January 2020
What is youth justice court like?
Youth justice courts are specialized courts set up to handle only cases involving young persons. They are held in specially designated courtrooms in the courthouse in your community. Youth justice courts, like all Canadian courts, are open to the public and members of the media. However, young persons have strict privacy rights and there are only limited circumstances when your name or any other information that might identify you can be published.
Youth justice courts have exclusive jurisdiction to deal with any alleged offence committed by a young person. The court must deal with young persons according to the provisions in the YCJA.
Last Reviewed: January 2020
Do I need a lawyer?
You should talk to a lawyer before your first court hearing to see if you have a defence. You are considered innocent until proven guilty of the offence you have been charged with. The Crown prosecutor must prove beyond a reasonable doubt that you are guilty.
Under the YCJA, all youth are eligible for a lawyer through Legal Aid, regardless of income. Contact the Legal Aid office in your province for more information.
Last Reviewed: January 2020
Who will be at youth justice court?
- A youth justice court judge will be in charge of the courtroom and will preside over the proceedings.
- A sheriff will be present at the front of the courtroom to ensure everyone’s safety.
- A court clerk will sit at a desk at the front of the courtroom and will handle the paperwork; call cases in turn; read the offence that you are charged with; give oaths to any witnesses; and generally assist the judge.
- You and your parent, or another suitable relative or adult of your choice. You are called “the accused”.
- A Crown prosecutor, who is a lawyer who works for the government. The Crown prosecutor will try to prove to the judge that you are guilty of the charge.
- Your lawyer, who is called “defence counsel”. This lawyer plays an important role in helping to protect your rights and defending you against the charge you face.
- Members of the public or the media may be present.
Last Reviewed: January 2020
Do my parents have to come with me?
Under the Youth Criminal Justice Act, your parents must be notified as soon as possible and in writing of all legal proceedings involving you. 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 a lawyer. It will also encourage your parents to come to court with you.
If you don’t live with your parents, or you 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.
Last Reviewed: January 2020
What happens if my parent doesn’t come to court with me?
The youth justice 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 interest that your parent is there, they may order your parent to attend court with you. The court will arrange to have the order given personally to your parent. The court will also reschedule your case until another day to give time for the police to notify your parent and for your parent to arrange to come on the new date.
Last Reviewed: January 2020
What will happen the first time I go to court?
The first time you go to court in response to the charge is called your “first appearance”.
The clerk in the courtroom will read out loud the charge against you. The youth justice court judge will ask you if you have a lawyer representing you. If you do not, the judge will tell you that you have the right to have a lawyer to help you. The youth justice court judge will probably set aside your case until another day to give you time to consult with a lawyer. If you have a lawyer and are ready to proceed, the youth justice court judge will ask if you want to plead “guilty” or “not guilty”.
Before accepting your plea, the judge has to be sure that you understand the charge you face. If the judge is not convinced that you understand, they will not let you enter a plea.
If you plead “guilty”, the judge will sentence you (at a separate hearing). If you plead “not guilty”, there will be a trial. Do not enter a plea until you speak with a lawyer. At the trial, if the Crown prosecutor successfully proves that you committed the offence, the judge (or jury) will find you guilty and sentence you.
Last Reviewed: January 2020
What if I plead “not guilty”?
If you plead not guilty, the judge will consult with your lawyer and the Crown prosecutor. They will choose a suitable trial date. You will have to come back to court with your lawyer and your parents or other selected adult on that date. At the trial, the Crown prosecutor must prove to the court that you committed the offence. See the questions below about the trial process and what happens afterwards.
Last Reviewed: January 2020
What if I plead “guilty”?
If you plead guilty, there will be no trial. Instead, the judge will either sentence you that day or schedule a sentencing hearing. Sometimes the judge will ask a probation officer or a Youth Justice Committee to prepare a pre-sentence report. This report recommends an appropriate sentence and helps the judge make their decision. At the sentencing hearing, the judge will decide what your sentence will be. The judge can either accept, change or reject the recommendations in the pre-sentence report.
Last Reviewed: January 2020
What will happen at my trial?
A trial is a formal court proceeding where the Crown prosecutor will try to prove that you are guilty of the charge(s) against you.
First, the Crown prosecutor will call witnesses and ask them questions. Your lawyer will then be able to ask these witnesses questions and cast doubt on the Crown’s evidence.
Then, your lawyer can present evidence on your behalf. This could be other witnesses in your favour or could be you taking the stand yourself. You do not have to give evidence on your own behalf because you are presumed innocent until you are proven guilty. The judge will not use your silence against you. The Crown prosecutor can then ask questions of all the witnesses that your lawyer calls, including you if you take the stand.
After all of the witnesses have given their evidence, the judge will make a decision about whether you are guilty or not guilty. The judge may not usually make their decision immediately. The judge may take several days or weeks to weigh all of the evidence presented before making a decision.
Jury trials are not very common in youth justice court.
Last Reviewed: January 2020
What happens if the judge finds me “not guilty”?
If the judge decides the Crown prosecutor has not proven you committed the offence, the judge will acquit you of the charges. This means you are free to go and the case against you is over. Any records about your case will be destroyed or sealed after a specific period of time. The charge and acquittal can still show up on some types of record checks.
Last Reviewed: January 2020
What happens if the judge finds me “guilty”?
If the judge decides the Crown prosecutor has proven that you committed the offence, the judge will sentence you. The judge will likely schedule another hearing, called a sentencing hearing.
In between finding you guilty and the sentencing hearing, sometimes the judge will ask a probation officer or a Youth Justice Committee to prepare a pre-sentence report. This report recommends an appropriate sentence and helps the judge make their decision. At the sentencing hearing, the judge will decide what your sentence will be. The judge can either accept, change or reject the recommendations in the pre-sentence report.
Last Reviewed: January 2020
What will my sentence be? Will I go to jail?
Judges have a wide range of sentencing options available, with custody usually being a last resort. In 2016-2017, only 13% of guilty youth cases received a custody sentence, compared to 38% of guilty adult criminal court cases.
The judge can choose from many sentencing options including:
- the judge giving you a stern lecture or warning;
- a court order saying you must report to someone or attend a specific program. For example, if you are more likely to get into trouble right after school, or on weekends, when you are unsupervised, the order could require you to attend a certain program during these times;
- a court order directing you to complete community service; or
- a court order directing you to attend a rehabilitative program. This is only available for serious violent offenders.
Last Reviewed: January 2020
Can a young person be sentenced as an adult?
Yes, in some circumstances. The judge can sentence you as an adult, instead of a youth, for your crimes if:
- you were at least 14 years old when the crime was committed;
- an adult could be sentenced to jail for more than two years for the same crime;
- the Crown prosecutor proves to the court that you behaved like an adult and that a youth sentence would not be long enough to hold you accountable for your actions.
If you are charged with a serious violent offence (murder, attempted murder, manslaughter or aggravated sexual assault), the Crown prosecutor must consider asking the court for an adult sentence. If the Crown prosecutor chooses not to apply for an adult sentence, they must tell the court.
Young persons sentenced as adults must be detained in a youth facility until they are at least 18 years old. Once they turn 18, they can be moved to an adult facility.
Last Reviewed: January 2020
If I have to stay in custody, where will I go?
You will be sent to a detention facility designated for young offenders. The Youth Criminal Justice Act specifically states that no young person who is under the age of 18 is to serve any portion of their imprisonment in a correctional facility for adults or in a penitentiary.
Once you turn 18, you can be moved to an adult corrections facility. If you are still in a youth detention centre when you turn 20 years old, you will be transferred to an adult corrections facility.
Last Reviewed: January 2020
How long does a youth record last?
As a rule, your name cannot be published if you are accused or found guilty of a crime. The YCJA sets out who has access to your records and for how long, usually depending on what type of sentence you receive. For more information, see the Government of Canada’s Youth Records webpage.
Last Reviewed: January 2020
See Also
For more information, see these other Canadian Legal FAQs.
- Youth Criminal FAQs on:
- Criminal Code FAQs
Links
- Justice Education Society: