Pre-Trial Detention under the Youth Criminal Justice Act: A Consultation Paper

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Table of Contents

• A Message from the Minister of Justice
• Introduction
• I. General Principles
• II. Pre-Trial Detention by Police
  • A. Criminal Code Provisions
    • 1. Arrest without a Warrant
    • 2. Release by Officer in Charge if Arrest is without a Warrant
    • 3. Arrest with a Warrant
    • 4. Release after Arrest with or without a Warrant
  • B. Research on Police Detention of Young Persons
    • 1. Percentage of Arrested Young Persons Detained
    • 2. Jurisdictional Variation
    • 3. Factors Associated with Police Detention
    • 4. Reasons Given by Police for Detaining Young Persons
    • 5. Types of Release by Police
    • 6. Conditions of Release
    • 7. Restrictions on Arrest and Detention
    • 8. Summary
  • C. Issues for Discussion
• III. Judicial Interim Release
  • A. Research
    • 1. Appearance before a Justice
      • Issues for discussion
    • 2. Number of Young Persons Detained
    • 3. Jurisdictional Variation
    • 4. Length of Pre-trial Detention
    • 5. Release on Crown Consent
    • 6. Other Factors Associated with Detention of Young Persons
    • Summary
  • B. Grounds for Detention
    • 1. Predicting Risk
    • 2. Necessary to Ensure Attendance in Court
      • Issues for discussion
    • 3. Necessary for Public Safety
      • Issues for discussion
    • 4. Necessary to Maintain Confidence in the Administration of Justice
      • Issue for discussion
    • 5. Detention as a “Wake-up Call”
      • Issues for discussion
  • C. Prohibition on Detention for Social Welfare Purposes
    Issue for discussion
  • D. Presumption against Detention
    Issues for discussion
  • E. Conditions of Release
    • 1. Research on Conditions of Release
      • Jurisdictional Variation
      • Release Conditions Imposed
      • Release Conditions Breached and Charged
    • Issues for Discussion
• References
• Appendix - Consolidated List of Issues for Discussion

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