Criminal law

Youth Court

What do we mean by “youth court”?

In legal terms, youth court refers to the court that hears cases involving adolescents who have been charged with certain offences such as drug posession and theft. (The full name of the court is "youth justice court", but it is often referred to as youth court.)

Youth court judges have experience working with adolescents, so they’re aware of the different problems they face.

These judges hear a wide variety of cases, including cases relating to charges against adolescents between the ages of 12 and 17. This court would therefore hear David's case.

Who is in the courtroom?

A number of professionals are in the courtroom when a young person is on trial. They have different responsibilities, but everyone works to make sure the law is applied fairly.

Let’s start with the judge. She has a pretty central role. In fact, nothing can happen without her. She is responsible for resolving legal issues that come before the court. The judge runs the trial, making sure things run smoothly and everyone respects the rules. She decides if the adolescent accused of an offence is guilty and, if necessary, imposes a sentence.

Next, there’s the Crown prosecutor. This lawyer presents evidence and must convince the judge beyond a reasonable doubt that the adolescent is guilty of the offence. If the young person is found guilty, the Crown prosecutor makes recommendations about sentencing.

Another person present in the courtroom is David’s lawyer, who will sit beside him during the trial. Her role is to ensure that her client’s rights are respected. David’s lawyer also presents any evidence that might raise a doubt about his guilt or reduce his responsibility for the offence. If David is found guilty, she makes recommendations about sentencing.

A courtroom would not be complete without the court employees:

First, there is the clerk. He runs the court and drafts a written record of the proceedings. Also, he makes sure that everything is recorded on audiotape.

Then there’s the court usher, who maintains order in the court. He makes sure that everyone respects certain formalities. For example, everyone must stand when the judge enters the room.

Special constables are responsible for security. They are real police officers who intervene if things get heated. After all, we’re in a court of justice. Sometimes it’s tough for people to control their emotions!

Who is in charge of youth court?

Everyone in youth court has a specific role to play. No single person is in charge of everything. However, since it’s up to the judge to make sure that the legal process functions well, she is in charge of hearings. The judge has the power to discipline anyone who acts out of line or disregards an order of the court.

For example, during David’s trial, the judge can order David’s father to stop insulting the Crown prosecutor who is questioning his son. If his father does not respect the judge’s order, he can be punished with a fine or imprisonment for contempt of court.

In fact, the judge can make any order necessary to ensure the law is respected. Chances are even the most stubborn person will think twice about challenging her!

Does the youth court only deal with people who are under 18?

Yes, but there are exceptions.

The youth court is responsible for all cases involving an offence committed by a person while he was an adolescent. The law defines an “adolescent” as a person who is at least 12 years old, but not yet 18.

If David had stolen the car when he was 17, but the police only arrested him when he was 18, his case would still go to youth court. To figure out which court will hear the case, the authorities look at the age of the adolescent when he committed the offence. If the person was a minor at the time, then the case will be transferred to youth court.

There have been cases of 30-year-olds tried in youth court for offences committed while they were teenagers because it took a long time to track them down. The old saying “you can never escape the long arm of the law” is pretty appropriate in these cases.

1. Côtécour, chambre de la jeunesse
2. Site de la Cour du Québec
3. Texte de la loi