Being accused of an offence is stressful for anyone, but the process is generally different for a young person than it would be for an adult. The Youth Criminal Justice Act (YCJA) generally applies to young people aged 12 to 17 at the time of an alleged offence, and it builds in specific rights, notification requirements, and procedural rules that do not exist in the same form in the adult system. This page provides a general overview of what a young person accused of an offence can generally expect. It is general information only and does not replace advice from a lawyer about a specific situation.
First Contact With Police
A young person's first contact with police over an alleged offence might involve being stopped and questioned informally, being arrested, or being asked to come to a police station voluntarily. Regardless of how it starts, a young person generally has the same right as anyone else to remain silent, along with additional protections specific to the YCJA that do not apply in the same way to adults. A young person does not generally have to answer questions or explain what happened before speaking with a lawyer.
The Right to Consult a Lawyer
The YCJA generally gives a young person the right to retain and instruct a lawyer without delay, and to exercise that right personally, at any stage of the process, including before and during any consideration of whether to use an extrajudicial sanction instead of formal court proceedings. This is generally considered more robust than the general Charter right to counsel that applies to adults, reflecting the added importance of legal advice for someone who may not fully understand the process or the consequences of their choices.
Police who arrest or detain a young person are generally required, without delay, to advise the young person of the right to retain and instruct counsel, and to give the young person a reasonable opportunity to do so. If a young person is not represented by a lawyer at a hearing about whether to release or detain them, the judge or justice is generally required to advise the young person of the right to counsel and to give them a reasonable opportunity to obtain one. See legal assistance for young people for more on how a young person can actually get a lawyer, including through Legal Aid Ontario and duty counsel.
A lawyer represents the young person, not their parents. A parent cannot generally waive a young person's right to counsel or their other legal rights on the young person's behalf. See parents and guardians for more detail.
Extrajudicial Measures and Sanctions
For less serious matters, particularly first-time or low-level allegations, the YCJA generally expresses a preference for extrajudicial measures and sanctions over formal prosecution. Extrajudicial measures are generally informal, such as a warning from police, a more formal police caution, or a referral to a community program, and are generally presumed adequate for young people who are not serious or repeat offenders. Extrajudicial sanctions are a more formal step, generally used when an informal measure would not be adequate given the seriousness of the offence or the young person's history, and generally require the young person to accept responsibility and agree to participate.
Whether a matter is dealt with informally or proceeds to court depends on the specific circumstances, including the nature of the allegation and any relevant history. A lawyer can advise a young person and their family on what outcome is realistic and how best to respond at each stage.
Parental Notification
The YCJA generally requires police to notify a parent or guardian when a young person is arrested or detained, including information about the offence and where the young person is being held. This obligation generally exists regardless of whether the young person wants their parents told. A young person also generally has a separate right to speak with a parent or another appropriate adult, in addition to their right to speak with a lawyer. See parents and guardians for a closer look at how this works in practice and what role a parent can and cannot play.
Statements Made to Police
Because of a young person's reduced maturity, the YCJA generally includes specific rules about how and when a statement given to police can later be used, including requirements around clearly explaining rights in language the young person can understand, and generally providing an opportunity to consult with a lawyer and a parent or other supportive adult before being questioned. This is a legally detailed area, and whether a specific statement was properly obtained can be a significant issue in a case, so it is best reviewed directly with a lawyer rather than assumed.
If the Matter Goes to Court
If a matter is not resolved through extrajudicial measures or sanctions, it generally proceeds through youth court, a distinct court that generally applies YCJA procedures rather than the ordinary adult criminal process. This can involve a bail-type hearing about whether the young person is released or held pending the outcome, since the YCJA also has its own approach to pretrial detention. See youth bail and release and how youth court works for more detail on these stages.
General Procedural Differences From Adult Court
Several features generally distinguish the youth process from the adult one beyond what is described above: a general presumptive ban on publishing information that would identify a young person, enhanced privacy protections around records, generally no trial by jury except in narrow, very serious circumstances, and a distinct sentencing framework built around proportionate accountability rather than the adult sentencing ranges. Each of these is explored further on the related pages linked throughout this section.
Staying Informed and Involved
For a young person and their family, staying organized generally helps: keeping track of court dates, any conditions imposed, and contact information for the lawyer involved. It is also generally a good idea to avoid discussing the details of the allegation with people outside the immediate family or the lawyer, since anything said could potentially become relevant later. Getting a lawyer involved as early as possible, ideally before any statement is given to police, is generally the most effective way to protect a young person's interests throughout the process.
Frequently Asked Questions
Does a young person have to talk to police?
No. A young person generally has the right to remain silent, along with a robust right to consult a lawyer before deciding whether to say anything to police.
Will parents automatically be told if their child is arrested?
Generally, yes. Police are generally required to notify a parent or guardian when a young person is arrested or detained. See parents and guardians for more.
Is every youth allegation dealt with informally?
No. While the YCJA generally favours extrajudicial measures or sanctions for less serious matters, more serious allegations or cases involving prior history are still generally prosecuted through youth court.
Can a young person choose their own lawyer?
Generally, yes. The lawyer represents the young person, not their parents, and a young person generally has the right to retain and instruct counsel personally.
What happens if a young person already gave a statement to police?
Whether a statement can be used later depends on how it was obtained, including whether the young person's rights were properly explained and respected. This is an important question to raise with a lawyer as early as possible.
Does a young person go to the same court as adults?
No. Matters under the YCJA are generally heard in a distinct youth court that follows its own procedures. See how youth court works for detail.
Can a young person be released while the case is ongoing?
Often, yes. The YCJA generally restricts the use of pretrial detention for young people. See youth bail and release for more information.