Youth Justice Court . . . and you

What is Youth Justice Court?

The Youth Justice Court is for criminal cases involving young people who were under the age of 18 when the alleged offence was committed. It consists of a judge who listens to the evidence and decides if the person charged is guilty or not guilty. If the person is found guilty, the judge also decides on the sentence.

If you have been charged with breaking the law, you must appear in person before the judge at the time indicated on your Summons or Appearance Notice. By law, your parent or guardian must be notified of the charge. If you have been ordered to appear in court and you do not show up, the judge may order your arrest.

If possible, you should bring a lawyer with you when you come to Youth Justice Court. One or both parents or your guardian should also come with you. The participation of your parents or guardian is important. They can help by giving information in court and letting the judge know what they will do to help you at home.

Interpreters are available if you need one. To ask for an interpreter, call the court registry.

When you come to court, try to look and act your best. It will help if you dress neatly, speak clearly, and take your court appearance seriously.

Why do you need a lawyer?

You should have a lawyer to help you understand the law and the charge against you. If you do not have a lawyer when your turn comes to attend Youth Justice Court, you will need to arrive early enough to talk to the Duty Counsel before you go in to see the judge. If the Duty Counsel cannot represent you after the first day, s/he will give you information about how to get a lawyer free of charge through Legal Aid.

For more information about free legal services, phone the Legal Services Society at 1–866–577–2525. They may be able to provide you with a pamphlet as well.

What happens in Youth Justice Court?

Waiting your turn:

• When you come to Court, you will probably have to wait for your case to be heard. All cases are scheduled for either a morning or an afternoon session. Other cases may be heard first.
• Although your case may be called later, you must arrive on time and wait in the courtroom with your parent, your guardian, or a supportive person until the Deputy Sheriff calls your name.

Showing respect for the Court:

• It is important to show respect for the Court. Dress neatly, remove your hat and do not chew gum in the courtroom.
• When everyone is seated and ready to start, the Court Clerk will say, “Order in Court.” This is a signal for everyone to stand up. You must stay standing until the Judge enters and sits down. (When the Judge leaves the room, everyone must stand up again.)
• You must stand up when the Judge speaks to you.
• When you speak to the Judge, you must say, “Your Honour.”

Appearing before the Judge:

• When your turn comes, the Court Clerk will announce your name. The Judge may ask your parent or guardian to give your age and date of birth. If your parent is not present, your lawyer may give this information, or the Judge may adjourn the appearance until your parent can attend.
• The charges against you will be read. It is important to have a lawyer with you to help you understand what will happen next.

Pleading guilty:

• If you plead guilty, the Judge will decide on a sentence, and there will be no trial.
• Before deciding on a sentence, the Judge may want more information about you. This information can come from your lawyer, from your parents or guardian, or from others who know something about you.
• The Judge may ask the Youth Probation Officer to give the Court some background information in the form of a written report (Pre-Sentence Report). This takes time to prepare. The Youth Probation Officer will then talk to you to find out about your background, and your family situation. The Youth Probation Officer may also talk to your parents or guardian or to other people who know you.

Pleading not guilty:

• If you plead “not guilty,” your case will be adjourned to the Judicial Case Manager to fix a date for you to come back to court for a trial.
• At the trial, the Crown Counsel will call witnesses who will give evidence to support the charge against you. Your lawyer may question these witnesses.
• When all the Crown Counsel’s witnesses have finished, your lawyer may call you, or some other witnesses to give evidence. The Crown Counsel may also question your witnesses.
• At the end of the trial, the Judge will decide if you are guilty or not guilty.
• If the Judge decides you are guilty, he or she will impose a sentence.
• If the Judge decides you are not guilty, you will be free to go.

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