Can Youth be Held in Pre-Trial Detention?
It is possible for youths to be held in pre-trial detention. This is not an uncommon procedure. After a youth is arrested, they may be detained by the police. The police have the discretion to release or detain anyone who is arrested. The police will usually detain a youth who is either charged with a serious offence, or who has a previous criminal record.
At first, a youth may only be held until they have had a bail hearing. A bail hearing is where a judge will determine if the accused youth can be released back into the community under a set of conditions deemed appropriate for the accused and the offence they are alleged to have committed. The time between arrest and release on bail may be longer if the youth is accused of a serious offence, as it may take time for all parties to develop a release plan that will satisfy a judge. If a youth is denied bail, or is released and violates their bail conditions, they may be subject to longer term pre-trial detention until their case goes to trial or is otherwise resolved.
Can a Youth be Denied Bail in Kitchener?
It is possible for an accused youth to be denied bail. This is only seen in cases where a youth has been accused of a very serious, typically violent offence, or where they have a lengthy criminal record or history of breaching court orders. The denial of bail is a serious matter as it poses a challenge to the right to be presumed innocent. Canadians also enjoy a constitutional right to not be denied bail without just cause.
The reasons to deny bail are set out in what is known as the Antic principles. There are three grounds for which bail may be denied that apply to both youth and adult accused. The first ground is if the judge believes an accused will not appear at future court dates if released. The second ground applies where there is reason to believe an accused may reoffend while released. Finally, the third ground can be relied on where releasing the accused would undermine public confidence in the justice system. This is typically seen when accused persons are charged with serious or violent offences where the accused poses a serious threat to society.