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Judicial Measures

• Summary Diagram
• Flow Charts
• Explanatory Text

Where informal extrajudicial measures have been deemed inappropriate to deal with a young person accused of a criminal offence, an official may decide that a charge should be laid against the young person.

Rights of Young Person

Once the charge has been laid, officials within the judicial system are obliged to ensure that the rights of the young person are protected. Most important among the obligations are the requirements to advise the young person of the right to counsel and to notify the young person's parents.

Other Aspects

Other aspects of the judicial process include

• the first appearance,
• the plea,
• the trial, and
• appeal routes.

The provisions relating to the judicial process also set out the circumstances in which the court can

• order the attendance of the parents of the young person,
• require the medical or psychological assessment of the young person or
• refer the young person to a child welfare agency.

Pre-trial Detention

One major aspect of the provisions for judicial measures is the process whereby the decision is made either to release the young person pending trial or to detain the young person in custody. This subject is covered in the Pre-trial Detention module.

Extended Application of Judicial Measures

Some matters addressed in the part of the YCJA concerned with judicial measure apply at various stages of the proceeding against a young person, including stages after the young person has been determined to be guilty or not guilty. For instance, the right to counsel applies on many occasions throughout the young person's involvement in the system, as do the provisions related to medical and psychological reports. These matters will be addressed each time they arise in a module.