CRIMINAL RECORDS ACT |
An Act to provide for the relief of persons who have been convicted of offences and have subsequently rehabilitated themselves. |
CROWN CAUTION |
The Crown Prosecutor sends the young person a letter that warns the youth to change his or her behaviour and outlines the potential consequences if they do not. |
CROWN PROSECUTOR |
The prosecuting counsel (lawyer) in criminal matters; often referred to as “the Crown”. |
CURFEW |
The condition set by court of having someone confined to their place of residence between set hours of the day. |
DETENTION |
The act of holding someone in custody other than arrest. It can refer to when a youth is detained before his or her first court appearance or while awaiting trial. |
DISCRETION |
The power to use one’s own judgment and conscience, uncontrolled by others. |
DISMISSED |
A decision or judgment by the judge that the case will not proceed. In this outcome, the decision is final and the case cannot be opened or started again. |
DOCKET COURT |
The name for the court where the accused makes his or her first appearance. |
ELECTION |
The exercise of choice for the accused to decide whether he or she wants to be tried by judge alone, with or without a preliminary inquiry; or by judge and jury with a preliminary inquiry. |
EXTRAJUDICIAL MEASURES |
Actions and conditions that are set without involvement of the courts. These measures divert the youth from having to go through the formal justice system. Police officers and the crown prosecutor have the discretion under the YCJA to exercise non-court measures. |
EXTRAJUDICIAL SANCTIONS |
This is the most formal type of extrajudicial measure. Although the youth still does not go through the courts, the youth is now under the supervision of a probation officer or youth justice committee for three months and must meet several conditions agreed to by the youth in consultation with parents/guardians, the probation officer or youth justice committee and even the victim. |
FAMILY CONFERENCE |
A specific type of conference that brings together family members with other people involved in the case of a young person. |
FINDING OF GUILT |
The pronouncement that the accused young person is guilty of the charge against them. |
FIRST APPEARANCE |
The first time that a youth appears before a judge after being charged with an offence. |
HEARING |
A legal proceeding by a court where definite issues of fact or law are determined. |
HOMICIDE |
HOMICIDE Causing the death of another human being. It includes first and second degree murder and manslaughter. |
HYBRID OFFENCE |
A hybrid offence means that the crown prosecutor determines if the case will proceed as if the offence was a summary offence or as if the offence was an indictable offence. |
INDICTABLE OFFENCE |
Indictable offences are more serious offences. Examples include robbery, break and entry to someone’s home and theft over $5000. |
JUDICIAL DETERMINATION |
A decision made by the court that the offence is appropriate to fit the definition of a serious violent crime. |
JUDICIAL INTERIM RELEASE |
The right granted by the court for an accused youth to be free from being held in custody. There are usually conditions attached to this release. |