Criminal law

Youth Court

What does it mean to enter a plea?

Entering a plea means that the adolescent tells the court whether he admits or denies his guilt regarding the criminal charges against him. In everyday language, this is often called “pleading guilty” or “pleading not guilty” to a charge.

The adolescent must fully understand the consequences of his decision because his response to the charge will determine how the proceedings before the court will unfold.

When does an adolescent enter a plea?

The adolescent must make his plea known at the time of his appearance before the court, which takes place at the very beginning of the proceedings. At this time, the clerk reads the “information”, which is a document describing the charges to him. After this reading, the adolescent must enter his plea to the charges.

In our example, Patrick informs the court that he is pleading guilty to the charge of breaking and entering. The clerk records his plea in the court transcripts.

It is important to note that the adolescent has the right to have his lawyer, his parents, or a trusted adult by his side at the appearance.

Is entering a plea an important step?

Yes, it is a very important step. If the adolescent pleads not guilty, he will have to undergo a trial after which he could either be acquitted or face sentencing. If, on the other hand, he pleads guilty and admits to having committed the offence, he will receive a sentence shortly thereafter.

Pleading guilty or not guilty is a decision that should not be taken lightly. That’s why even if the adolescent has a lawyer, the judge will normally take the time to ask the youth a few questions before his guilty plea is entered.

After the adolescent acknowledges or denies his guilt, the Crown prosecutor summarizes the facts relating to the charges and submits any documents that describe the youth’s prior record, if such a record exists. The judge will then ask the youth if he agrees with the facts of the offence as described. If the youth agrees with the Crown prosecutor’s version of the facts, the judge declares him guilty. If he pleads guilty but does not agree with the facts, the judge must order that the case proceed to trial. At trial, the judge will decide the question of the adolescent’s guilt based on all of the evidence.

What are the consequences of pleading guilty to a charge?

When an adolescent pleads guilty to a charge, the first consequence is that the court will find him guilty. Then, the next step is sentencing, during which the court determines the adolescent’s sentence.

The adolescent will now have a youth record, which will stay with him for the next few years. An employer could refuse to continue to employ an adolescent with a youth record related to the job. The adolescent could also find that he is barred from entering a certain profession or field of study.

Can a youth change his mind after entering a plea?

• If the youth pleads not guilty during his appearance:
  
  If the youth pleads not guilty, he can decide to change his mind and enter a guilty plea at any time during the proceedings, so long as the decision has not yet been rendered.
  
  
• If the youth pleads guilty during his appearance:
  
  In most cases, the plea cannot be changed, so the youth must be prepared to live with the consequences of his decision. Only in special circumstances can the judge withdraw a guilty plea.

What should an adolescent know before entering a plea?

If Patrick appears before the court alone, the judge will immediately inform him that he can consult a lawyer, free of charge, before entering his plea. The judge can also advise him to consult with duty counsel provided by legal aid, if such a service is available in his region. For more information, take a look at the Infosheet entitled A few questions on appearing before the Court.

Patrick might decide that he does not need a lawyer. If this happens, the judge must still warn him about the consequences of his decision. The judge must be satisfied that the adolescent fully understands the charges against him. If not, the charges must be explained to the adolescent in terms that he can understand. The judge also lets him know that he can plead guilty or not guilty to the charges.

If the judge senses that Patrick doesn’t really understand the charges, he will require him to plead not guilty. This means that a trial will be held to determine his guilt or innocence.

Is it possible to negotiate a plea?

Yes, although this may sound strange. While the file is progressing before the youth court, it is common practice for the Crown prosecutor and the adolescent’s lawyer to negotiate.

A plea may be negotiated at any time during the proceedings, but it is usually done after the defence lawyer receives evidence from the Crown prosecutor through a procedure called “disclosure.”

“Disclosure” is when the adolescent and his lawyer get a copy of the police report from the Crown, as well as statements made by witnesses or the victim, and all other pertinent documents connected to the file. In practice, disclosure of evidence usually happens when the adolescent appears in court to enter a plea, but it can also take place before or after this time. It is important for the adolescent’s lawyer to be aware of all the Crown’s evidence, so he can make informed decisions based on the strength of the evidence.

The point of negotiating is to make sure that a youth is not needlessly subjected to a trial. After they carefully examine the evidence, the lawyer and his client might decide that the evidence is convincing and that it would be wise for the adolescent to plead guilty. On the other hand, the Crown prosecutor’s evidence might be weak. If so, the Crown might agree to reduce the charges or consent to a lighter sentence. Once the Crown prosecutor and the adolescent’s lawyer have agreed on a plea and sentence, they present it to the judge. The judge will accept their joint submission unless it is found to be unreasonable.

Consider this example: An adolescent is charged with committing mischief in a bar by breaking bottles and creating a public disturbance while leaving. When she reads over the evidence and talks to her client, the adolescent’s lawyer realizes that the accused actually just turned over a table by accident. However, it is clear that he disturbed the public peace by shouting insults at the patrons.

When considering a plea, the youth’s lawyer will try to convince the Crown prosecutor to drop the charge of mischief in exchange for an admission of guilt for disturbing the peace. If the Crown accepts, the judge will then render a decision on only one charge, not two.

What happens after an adolescent pleads not guilty?

After the adolescent enters a not guilty plea, the judge suspends the case until a later date.

The next step is “disclosure”: the adolescent and his lawyer receive all the evidence that the Crown prosecutor plans to present to the court. Once the evidence is disclosed, the judge suspends the case again so that the adolescent’s lawyer can look over the evidence and discuss it with the youth.

If necessary, the judge can grant an additional delay to give the defence time to study the file. The judge may also grant a delay to encourage the negotiation of a guilty plea. Finally, if the adolescent continues to plead not guilty, a trial date will be set.

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