Canada Youth Criminal Legal Process
Initial Contact
Initial Contact
means any interaction/conversation between you and a police officer (or other law enforcement officer, such as a school resource officer). This could be for any reason, including something the police officer thought you did.
There are two types of lawyers.
The defense lawyer works for you to help prove you are innocent.
The prosecutor works for the state to try to prove you guilty.
Pre-charge Diversion
Pre-charge Diversion
means that the police decide to send you to a program outside of the law to handle your case. This could be sending you to do volunteer work in the community, or it could be sending you to a healthcare organization to get medical treatment.
Arrest
Arrest
means that a police officer is taking you into custody, which could be the police station or jail. This usually means you get handcuffed or put into a police car. A police officer should have a good reason to arrest you: for example, they saw you commit a crime, they suspect/think you committed a crime, or they have a warrant to arrest you.
Release
Release
means that the police decide to just let you go. They might not have enough information to charge you with a crime, or they might have made a mistake. When you are released, you are free to go back home.
Police Questioning
Police Questioning
means that the police are asking you questions (or “interrogating” you). During Police Questioning, you have the right to a lawyer to help you. You also have the right to not answer any of the questions.
Release
Release
means that the police decide to just let you go. They might not have enough information to charge you with a crime, or they might have made a mistake. When you are released, you are free to go back home.
Bail Court & Hearing
Bail Court & Hearing
means that you have been accused of a crime and held in a detention centre until you appear in court. A bail court and hearing must be held within 24 hours of arrest.
A judge will decide to either release you on bail or keep you in the detention centre to wait for your trial. If you are released, there will be conditions to do or not do certain things. It is very important that you follow the conditions.
Judicial Proceeding
Judicial Proceeding
means going to court so a judge can decide how to handle your case. You will usually have multiple court sessions before a judge makes a decision. You have the right to have (and should have) your lawyer with you when you go to court.
Diversion
Diversion
means that the judge decides to handle your case by sending you to a program outside of court. This could be a rehab program, a treatment program, or a volunteer program. A judge can send you to Diversion if they think it’s the best way to end your case.
Plead Guilty
Plead Guilty
means that you go to court and admit that you committed the crime you were charged with. You will skip the trial and go to a sentencing hearing.
Finding of guilt
Finding of guilt
means that the court has either accepted your guilty plea or you were found guilty of the crime at your trial.
Pre-sentence report
Pre-sentence report
is a report prepared by a probation officer to help the judge decide what sentence you should be given. You, your family members, your teachers, and other people you know may be interviewed so the court can know you as a person and your willingness to change.
Sentencing
Sentencing
There are a variety of sentencing options in Canada. These include community-based sentences where you will serve your sentence in the community by doing volunteer work. Sentencing could also involve time in a custody facility. This could mean a juvenile jail (“juvie”) or a specialized youth treatment center. Ideally, the judge will send you somewhere with training or educational programs to help you avoid the legal system in future. You may also be sent to an intensive rehabilitation facility if you are dealing with mental, psychological, or emotional disorders.
Trial
Trial
is where the Court will decide whether the prosecutor proves beyond a reasonable doubt that you committed the crime you were charged with. This will happen in a courtroom.
Acquitted
Acquitted
means the court did not find you guilty of the crime you were charged with. The charges against you will be dismissed.
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