Summary
Highlights
When a young person is arrested, the police officer must inform them of the reason for the arrest and their right to speak to a lawyer, a parent, or another adult. The young person also has the right to have a parent or other adult present during questioning.
After securing evidence and ensuring victim safety, the police officer will usually issue an appearance notice, specifying the court date, and then release the young person. Release is not possible if the young person's identity cannot be confirmed or if there is reason to believe they won't attend court.
If the police officer does not release the young person, they must be brought before a judge or Justice of the Peace within 24 hours for a bail hearing. The presumption is release without conditions, but the Crown may argue for conditions, restrictions, or detention.
Possible conditions and restrictions include remaining in a specified geographic area, not communicating with certain people, or residing with a specified individual.
Release may be denied if the court believes detention is necessary to ensure court attendance, protect public safety (preventing further offenses), or maintain confidence in the administration of justice. The court considers the seriousness of the offense, prior criminal records, failure to comply with release terms, and living arrangements.
Before detaining a young person, the court must consider if a responsible person can care for the young person and ensure their court attendance, agreeing in writing to these responsibilities and any imposed conditions.
In cases involving very serious offenses, the presumption shifts to detention, and the young person must demonstrate why they should be released pending trial. In such situations, legal assistance is crucial.