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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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