GROUNDS FOR DETENTION
The Crown Attorney must give reasons, or “show cause”, as to why the young person must be kept in custody before trial.
A young person may be kept in custody before trial if:
Note: A serious offence is one for which an adult could be sent to prison for five years or more.
The Youth Criminal Justice Act specifically says that pre-trial detention shall not be used instead of appropriate child protection, mental health, or other social measures.
PRE-TRIAL DETENTION
Generally, a young person in custody must be held separately from adults. The only exceptions are if the young person’s safety or the safety of others would be at risk by holding the youth in a youth detention facility, or if there is no place of detention within a reasonable distance.
RESPONSIBLE PERSON ALTERNATIVE
An alternative to pre-trial detention is to place the young person in the care of a responsible person. There are three requirements before this can happen:
- The young person would otherwise be kept in custody,
- The responsible person must be willing and able to assume care and control over the young person, and
- The young person must agree to the arrangement.
If a young person may be held in custody before trial, the youth justice court must ask whether there is an acceptable responsible person available.
The responsible person must:
- undertake in writing to take care of the young person,
- make sure the young person attends court, and
- comply with any conditions of the court.
The young person must also agree in writing to the arrangement.
RELIEF FROM OBLIGATIONS
The young person, responsible person, or any other interested person, may apply to court for an order relieving the young person and the responsible person from their obligations.
When this order is granted, there will be a warrant for the arrest of the young person. The young person may then be placed in the care of another responsible person, if there is one. If there is not, the young person will be held in custody until trial.
CONDITIONS OF RELEASE
If the young person is not detained in custody, the judge may order the young person to comply with certain conditions.
Examples of conditions include:
- curfew,
- restrictions to a certain area,
- an order to report any change of address to the court,
- regular reporting to supervision at given times,
- abstaining from drugs or alcohol.
The young person or another designated individual may also be required to promise to pay the court if the young person does not abide by the conditions of the court.
BAIL REVIEW
A young person who has been detained in custody may apply for a bail review at any point between the original bail hearing and their trial date. If the original bail hearing was heard by a Provincial Court judge, the review will be heard by a King’s Bench Justice. If the original bail hearing was heard by a King’s Bench Justice, the review will be heard at the Court of Appeal.