Exploring 'youth' in court: An analysis of decision-making in youth court bail hearings

Abstract

Among the many decisions made every day in youth courts across Canada, the decision to detain a young person alleged to have committed an offence is arguably one of the most complicated. Judges and justices of the peace must balance the requirements of section 515 of the Canadian Criminal Code with the specific provisions of the Young Offenders Act, which identifies age and state of maturity as relevant factors when making decisions about youth suspected of violating the law. This study explores decision-making in youth court bail hearings with specific attention to the youth's age and apparent maturity in the overall bail decision. The findings suggest that legal factors account for a large part of decision-making as well as certain factors relating to the youth's status - such as living at home and attending school regularly. However, most significant was the effect of the Crown prosecutor's decision on the outcome of the case. The implications of these findings will be discussed in light of the expected replacement to the YOA, the Youth Criminal Justice Act.