Back to Youth Criminal Justice

In Court

1 What court will I go to if I must appear in court?

You will appear in Youth Justice Court *. This is a special court to deal with young people charged under the Youth Criminal Justice Act . s. 13

2 Is the court always open to the public?

Yes. Generally the courts are open to the public, except if the judge feels that certain information should not be heard by the public. If you do not want others present, you (or your lawyer) may ask the judge to keep the public out of the courtroom. s. 132

3 Can my name be published in a newspaper or magazine?

Usually no one has the right to publish your name or give any information that may identify you. The media may publish what is happening in the trial and facts of the case that would not identify you. However, if the police believe that you are dangerous and that the publication of your name would help them arrest you, a police officer can apply to the court for permission to publish your name.

If you are given an adult sentence for murder, attempted murder, manslaughter, aggravated sexual assault or repeat violent offences, your name can be published and this can sometimes happen even if you are given a youth sentence. s.110

4 What will happen the first time I go to court?

If you are not represented* by anyone, the judge must ask you if you want a lawyer. If you do, he or she must refer you to a Legal Aid* program if there is one in your area. If there is no progtam or you have been refused, and if you tell the judge that you want a lawyer, the judge will make sure that a lawyer is appointed to you. s. 25(4)(5), 32(5)
The judge will read the charge(s)* to you. If you are not represented by a lawyer, the judge must be sure that you understand the charge(s) against you.
If you are charged with a very serious offence (murder, attempted murder, manslaughter, aggravated sexual assault) then the judge must give you a warning:

An adult sentence will be imposed if you are found guilty unless the court order that you are not liable to an adult sentence and that a youth sentence must be imposed. s. 32(1)(c)(d)

The judge might ask if you plead guilty or not guilty, but this doesn’t always happen on a first appearance*. You should have discussed this with your lawyer before your appearance in court. Your lawyer can advise you on how you should plead. If you are going to plead not guilty, your first appearance in court will be set to another date, to allow you and the crown attorney* time for preparation, including getting your witnesses organized.

5 What does a plea of guilty mean?

A plea of guilty means that you admit that you committed the offence that the judge has read to you.

6 What does a plea of not guilty mean?

You can plead not guilty if you or your lawyer are going to argue that you are not guilty according to the law. Since you do not always know the law, you need a lawyer's advice before you plead guilty or not guilty. For example, if your lawyer feels that the prosecutor does not have a good case for the specific charge(s) against you, or the law they say you broke is not constitutional, you may legally and honestly say “not guilty”. If you plead not guilty, the prosecutor must prove the charges against you.

7 What will happen if I enter a guilty plea?

The judge will listen to your plea, and will then listen to the facts of the case. These will be read by the prosecutor.* If the judge does not believe you understand the charges against you, the court will enter a plea of not guilty for you. If you do plead guilty , the prosecutor will read out the police summary of what happened. s.32(4)

8 What if I disagree with the prosecutor’s version of the facts?

The judge will ask if you think that the facts are correct. If you believe that all or some of the facts are wrong, you will have a chance (through your lawyer) to say so and to tell the facts of the offence as you know them. If you think they are correct, you will have the chance to say so. Sometimes evidence* will have to be presented to prove which version of events is true.

9 What will happen once the judge hears all the facts?

If the judge is satisfied that the facts that you admit do prove the charge against you, he or she will find you guilty. If he or she is not satisfied that the facts prove the charge, the judge may change your plea to not guilty. s.36

10 Should I plead guilty just to get the court appearance over faster?

No. If you feel you are not guilty, then plead not guilty. A finding of guilty has serious long term consequences. You will receive a sentence from the judge and you will get a youth record that may last for over five years.

11 What happens if I want to plead not guilty?

If you want to plead not guilty, nothing much will happen in court on your first appearance* on this charge. Usually the judge will give you an adjournment* to get a lawyer if you do not already have one or if you have a lawyer, the court will decide on the next court date with your lawyer. This allows time for your lawyer to get materials from the prosecutor* outlining the case against you and to meet with the crown attorney* to discuss the case and the sentence the crown attorney* will ask for.

12 How many times will I come to Court?

Sometimes it takes a while for the police to get all the witness statements together and for your lawyer to meet the crown attorney* and to agree on a trial date. You may have to go to court several times before the trial.

13 What if I forget to come to court?

Missing a court appearance is an offence. You can be charged with “failing to appear”. This is a separate offence and may stop you from getting bail.

14 Will I have a jury trial?

You can only choose to have a trial with a jury if the offence you are charged* with may result in a sentence* of five years or more. Offences for which you may have this choice include first and second degree murder and aggravated sexual assault. Where this applies, you also can choose to have a preliminary inquiry where the prosecutor* must show they have enough evidence* for a trial. s.66 and 67

15 What will happen on the trial date?

You will come back to the Youth Justice Court on the date of the trial. You will be asked formally how you plead to the charge. If you plead not guilty, the prosecutor will introduce his or her evidence.* The prosecutor will call witnesses who tell their version of what happened. Witnesses will only give evidence after they have sworn to tell the truth.

16 What if I disagree with what the witnesses say?

Your lawyer will have a chance to cross-examine the witness. This means that they are asked questions by your lawyer about what they said when they answered the prosecutor’s* questions.

17 Can I call my own witness?

Yes. After the prosecutor has called his or her witness, your lawyer will usually call witnesses to speak in your favour.

18 Will I be a witness?

Not always. This will depend on how your lawyer decides to handle the case.

19 What will I be asked if I am a witness?

After you have said you will tell the truth, you will be asked to tell your version of what happened. If you do not understand a question that you are asked, or you do not know the answer, say so.

20 Who will ask me questions?

Your lawyer will question you first, then the prosecutor* will ask you questions. Remember: contradictions in your answers may make you less believable as a witness, so it is really important to make sure you understand the questions and to answer truthfully.

21 How will the trial end?

After the judge has listened to all the witnesses from both sides, he or she will decide whether you are guilty or not guilty.

22 Does the judge make a decision right away?

Usually yes, but if the case is long and complicated, he or she may take several days or longer.

23 What if I am found not guilty?

The case ends. You will receive no sentence or punishment. In law, a person is found not guilty because the prosecutor* has not been able to prove the accused person’s guilty beyond a reasonable doubt.

24 What if I am found guilty?

Then the judge must decide on a suitable sentence.