Flowchart II: Extrajudicial Measures

When police have reasonable and probable grounds to believe a youth has broken the law, a police officer is required to consider extrajudicial measures.

The following things can happen:

• The police take no further action
• Extrajudicial measures are considered adequate
• Extrajudicial measures are considered not adequate

If extrajudicial measures are considered adequate the youth will receive either:

• A police caution or warning; after which the youth agrees to attend a program such as Youth Justice Committee, Recreation Program, or counselling
• Police referral to a program

If extrajudicial measures are considered NOT adequate the youth will either be:

• charged and released; or
• charged and detained

If the youth is charged and detained, they will receive a bail hearing and be detained or released; then undergo screening from the crown. They may receive a crown caution, or be referred to the Extrajudicial Sanction Program.

If they are charged and released, they will also undergo screening from the crown. They may receive a crown caution, or be referred to the Extrajudicial Sanction Program.

Once the youth is referred to the Extrajudicial Sanction Program, a probation officer will review the file. The probation officer may:

• Reach an extrajudicial sanctions agreement with the youth; whereas the youth will either
  • complete the agreement and that will be the end of it; or
  • if the youth does not complete the agreement, the case may go to court.
• Refer the case to the Youth Justice Committee or Community Conference. The Youth Justice Committee will hear the case and reach an extrajudicial sanctions agreement with the youth; whereas the youth will either
  • complete the agreement and that will be the end of it; or
  • if the youth does not complete the agreement, the case may go to court.

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