Criminal law

Youth Court

What is an “interim release”?

In most cases, an adolescent is quickly released after being arrested by the police. If he is charged, he will have to appear before a youth court judge at some later point. On the other hand, the police might decide to keep the adolescent in detention until his appearance in court (i.e. when the adolescent enters his plea of guilty or not guilty). In such a situation, the adolescent is still in police custody when he appears in court.

In court, the Crown prosecutor can agree to free the adolescent with conditions or object to his release, in which case a judge will rule on the question. After considering the adolescent’s situation and the facts of the case, the judge can either decide to release him or order his detention.

Whether the decision to release him is made by the Crown prosecutor or the judge, the adolescent must agree, in writing, to respect certain conditions. This is no more and no less than a contract that the adolescent signs, after the judge has explained its contents to him. Once he signs it, the youth is obliged to respect the contract, or else the court can detain him again. To learn more on this topic, consult the Infosheet entitled I’ve been detained!

In Eric’s case, the Crown prosecutor does not object to his release, as long as he signs a promise (also called an undertaking) before the court. Eric will therefore have to respect certain conditions in order to remain free. Let’s take a look at the contents of this contract.

What conditions can be included in an undertaking?

The conditions that can be included in an undertaking are directly related to the nature and circumstances of the charges against the youth.

The strictness of the conditions will often depend on the seriousness of the alleged offence. The main goal is to protect the victims, witnesses, and the general public until the trial. The conditions are also designed to guarantee that the adolescent will show up in court.

In Eric’s case, the judge forbids any direct or indirect contact with Nathalie. He can no longer communicate with her in person, by phone, or even through another person until the end of the trial. In addition, the court imposes the condition that Eric cannot come within 100 metres of Nathalie’s home or work. Eric must also be home by 9 o’clock every night, unless he is with a parent.

What happens when one or several conditions of an undertaking are not respected?

Failure to respect a written undertaking is an offence and often results in the filing of a new charge against the youth. It is as though the accused has broken his promise to the judge. This new charge can be added to his record if he is found guilty of it.

In addition, if Eric breaches his undertaking (for example, by calling Nathalie), he runs the risk of having his interim release revoked. The judge might conclude that Eric is a threat to Nathalie and decide to detain him until his trial.

Luckily for Nathalie, Eric is respecting all the conditions of his undertaking. He seems to understand the seriousness of the situation.

How long can the undertaking last?

An undertaking signed by a youth is always linked to one or more specific offences. So, the conditions remain valid until the trial for these offences has ended. If the adolescent is acquitted (i.e. found not guilty), the conditions will automatically be lifted. But if he is found guilty, the court will probably keep the conditions in place until sentencing. If a probation order forms part of the sentence, some of the same conditions might be included in it.

In practice, the conditions of release can last for as little as a few weeks or as long as several months.

1. Côtécour, chambre de la jeunesse
2. Texte de la loi