OVERVIEW OF THE YOUTH JUSTICE CJ PROCESS
Report to police and investigation
The Youth
Justice Court Process
Guided by the rules that govern Summary
Conviction offenses.
No preliminary inquiry.
Almost all trials are conducted by a
judge alone, i.e., without a jury. But when the maximum sentence is 5 years or
longer, such as murder -10 years- jury and preliminary inquiry are used. The
same applies where there is the prospect of an adult sentence.
BEGINNING
OF PROCESS
Information before a
justice of the peace.
The YP is served a summons to appear before a court at a later day.
A YP may be detained in custody pending
trial (bail hearing).
PLEAS
1)
Disclosure
of information
a.
It
applies to all information that the Crown intends to introduce in court as well
as material in the possession of the Crown that will not be used as part of the
case. Exceptions: privilege information. Disclosure of information held by a
third party, such as school records, is possible, but defense must apply to the
youth justice court.
2)
Pleas
and plea bargaining:
a.
If a YP enters a guilty plea, the Crown will read a summary of
the evidence. The defense will be asked if they agree with the facts. If there
is substantial disagreement about a fact, there must be a trial.
b.
There
may be a joint submission to the judge or a request by the Crown for a
particular sentence.
c.
The
judge is not bound by the request or submission.
d.
If
not guilty plea is entered, there must be a court appearance.