How does youth court work

It is important that the young person follows and completes their plan. If they do not, the young person may receive a more serious outcome than they would have if they followed the plan. The Youth Court process can be confusing. The Youth Advocate and Lay Advocate can help with any questions. Young people and their family may also ask the Judge questions in Court.

It is important that young people in Court understand, and are kept well-informed about what is happening. Skip to main content. About Youth Court Breadcrumbs. What happens in the court room Youth Court hearings are less formal than an adult court. If the young person denies the charge If the young person disagrees with the charge against them, that is called denying the charge.

If they deny the charge the Judge will tell them a date to come back for a defended hearing. If the young person admits the charge If the young person admits the charge made against them, their case is sent to a youth justice coordinator. What happens next The Judge will review the plan that was made at the Family Group Conference and the young person will come back to Court regularly so the Judge can ensure they are completing the plan.

Youth courts are less formal than adult courts. Children are called by their first names and the judge or magistrates will speak directly to the child and may ask questions. Youth courts are specially designed to make it easier for children to understand what is happening and feel less intimidated by their surroundings.

Cases can be heard by one district judge or three lay magistrates. There is no jury and the public are excluded. 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. 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. 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.

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. Judges have a wide range of sentencing options available, with custody usually being a last resort. Yes, in some circumstances.

The judge can sentence you as an adult, instead of a youth, for your crimes if:. 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. 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. 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.

This website provides general legal information only. It does not provide legal or professional advice. See Disclaimer for more information. Copyright Legal Resource Centre of Alberta.

What happens if I have to go to court? The notice you are given may be called: an Appearance Notice; a Promise to Appear; or a Recognizance. Last Reviewed: January What is youth justice court like?