Criminal law

At the Police Station

Can the police detain an adolescent until he appears before a judge?

Absolutely, although the general rule is that the adolescent should be released. The police use a number of criteria in deciding whether or not to temporarily detain the youth. Generally, the more serious the offence, the more likely it is that he will be detained until he is brought before a judge in youth court (the Court of Québec, Youth Division).

Because of his criminal record and the seriousness of the charges against him, Sébastien will probably be brought before a judge after a night of detention.

What happens when an adolescent who has been detained is brought before a judge?

An adolescent who has been detained must be brought before a judge within 24 hours, so that she can decide whether the detention should continue until a trial is held.

In the meantime, there is a lot going on at the Crown prosecutor’s office. The Crown must study the police officer’s investigative report and decide whether there is enough evidence to file charges. If he chooses to press charges, he must determine whether releasing the youth until the trial will pose a threat to public safety. The Crown prosecutor might object to releasing the youth and request that the judge prolong his detention for a maximum of three days, to give the Crown time to prepare for a hearing on interim release.

This is precisely what happens this morning in Sébastien’s case. The Crown prosecutor does not agree to his release, even under strict conditions, despite his lawyer’s arguments. The Crown prosecutor fears that the adolescent will commit another crime if he is released right away, especially since Sébastien isn’t showing much remorse.

As a result, there will automatically be a hearing to debate whether he should be released. As you can see, Sébastien’s ordeal is far from over!

What happens at the interim release (“bail”) hearing?

The interim release hearing is like a mini-trial, but the rules are less strict. The judge will not rule on the charges against the adolescent, but will simply decide whether the youth should be detained until his trial. This hearing is not about finding out whether the youth is guilty or not guilty as charged.

For more information, see the infosheet Conditions of Release.

Under what circumstances will a judge order pre-trial detention?

As a general rule, it is presumed that a young person should be released while awaiting his trial. In order to detain a youth, the evidence must convince the judge that one of the following is true:

• There is a clear risk that the youth will not appear in court for trial;
  
• The release of the youth would pose a threat to public safety;
  
• The alleged offence is so serious that releasing the adolescent could anger the public and compromise its confidence in the justice system.

If the judge concludes that detention is warranted, she must inquire as to whether there is a responsible adult in whose care the youth can be placed before the trial. If such a person exists, he may be released into her care as an alternative to pre-trial detention.

If no such responsible person is available, the judge will order the adolescent detained while awaiting his trial. When a judge makes such a decision, she generally does it without imposing any additional conditions, aside from the mandatory ones, such as appearing in court when required. Any additional conditions that are ordered must take into account the youth’s particular situation, with a view to ensuring the youth will be able to respect them.

Let’s explore Sébastien’s case again. The judge is ready to make his decision. He considers the fact that last year, Sébastien was sentenced to six months in custody for a similar crime. Also, his record indicates three prior cases of breaching conditions. Nevertheless, his uncle Raoul is a reliable person who is capable of supervising his young nephew. So the judge decides to release Sébastien into his uncle’s care, rather than order his detention. Sébastien will be “under house arrest”.

Are there alternatives to pre-trial detention?

The law encourages alternatives to detention before trial. For example, the law provides that:

• Detention cannot be used as a substitute for more appropriate measures like Youth Protection services or mental health services;
  
  
• It is presumed that detention will not be used where the charges do not carry a prison sentence;
  
  
• If detention is considered necessary, the judge must first find out whether there is a reliable person in whose care the youth can be released, rather than detaining him.

Where is a detained adolescent kept?

The rule is that an adolescent must be kept separate from adult detainees, in a unit specifically suited to young people. Youth educators and other specially trained youth workers are employed at these secure units.

An adolescent will only be detained at an adult facility in exceptional circumstances. However, if this happens, the youth must be held separately from the adult population. He can also be held at a police station holding cell for a few hours, or even for the night.

How long does a pre-trial detention order last?

When a youth court judge renders such an order, it is valid until the end of the proceedings, with some exceptions. In other words, the adolescent will be detained until the end of his trial, and sometimes afterwards (for several weeks or even months). This order can be reconsidered if new facts are discovered.

1. Les Centres jeunesse du Québec
2. Texte de la loi