Script 226 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.
Trials in Youth Justice Court
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.
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.
If you are charged with a crime, the court considers you innocent until the prosecutor proves you guilty, beyond a reasonable doubt.
Before the trial
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).
Penalties if you’re guilty
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.
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 (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.
A judge can give you an adult sentence
The Youth Criminal Justice Act (the Act) requires the prosecutor to consider seeking an adult sentence for youth 14 and older who are charged with 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.
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.
Criminal and other records
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 school principal or neighbour. 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.
Alternatives to trial
The Youth Criminal Justice Act (available at http://laws-lois.justice.gc.ca/eng) 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.
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 Lawyer Referral, 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.
For more information, check script 225, called “Young People and Criminal Law”.
[updated November 2012]
Dial-A-Law© is a library of legal information available by:
- phone, as recorded scripts, and
- audio and text, on the CBA BC Branch website.
To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.dialalaw.org.
The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia Branch.
© Copyright 1983-2012 The Canadian Bar Association, British Columbia Branch