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Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)
Revision as of 23:01, 31 August 2021
, 23:01, 31 August 2021→1. Compelling a Young Person’s Appearance in Court
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=== 1. Compelling a Young Person’s Appearance in Court === | === 1. Compelling a Young Person’s Appearance in Court === | ||
The procedure for compelling a young person to attend court is generally the same as that for adults as set out in the ''CC''. A police officer may release a young person on either an Appearance Notice or a Promise to Appear ( | The procedure for compelling a young person to attend court is generally the same as that for adults as set out in the ''CC''. A police officer may release a young person on either an Appearance Notice or a Promise to Appear (an Undertaking). These documents will indicate a time, date and location for the Young Person’s first appearance in Court. If the Information is not laid prior to this first appearance the Appearance Notice or the Promise to Appear will be rendered a nullity. The Undertaking, however, will continue in force as long as the charges are before the Court. | ||
If the young person does not appear when they are supposed to or fails to comply with an undertaking, they can be charged with failure to comply. If the original charge that they made the Promise to Appear/Undertaking for is dismissed, withdrawn, or stayed, or the young person is acquitted, the Attorney General must review the charge for failure to comply before that prosecution can proceed (Bill C-75 s 24.1). | If the young person does not appear when they are supposed to or fails to comply with an undertaking, they can be charged with failure to comply. If the original charge that they made the Promise to Appear/Undertaking for is dismissed, withdrawn, or stayed, or the young person is acquitted, the Attorney General must review the charge for failure to comply before that prosecution can proceed (Bill C-75 s 24.1). | ||