Having a child charged with a criminal offence can be extremely stressful for a parent. A free initial consultation with a SWH Law lawyer can help to set your mind at ease. The first thing you should understand is that youths between the ages of 12 and 17 (inclusive) who are charged with a criminal offence are subject to special rules set out in the Youth Criminal Justice Act (YCJA). This act was created in 2002 partly in response to the over incarceration of youths under the former regime. Youths are also dealt with by a specialized youth court, designed to be sensitive and responsive to the unique circumstances of youthful offenders.

Under the YCJA, jail sentences are reserved for only the most serious offences and repeat offenders. That being said, youth convictions are not without consequences and the assistance of an experienced Criminal Defence Lawyer is crucial in securing the best possible outcome. Records of convictions and other outcomes are more tightly guarded for youths than they are for adults but they can be disclosed under certain circumstances. Youth convictions can become part of an adult record if the individual re-offends after their 18^th birthday.   For certain serious offences, the Crown can seek to have the youth tried as an adult.

In many cases, where the youth has committed the offence as charged, there can be a temptation to simply plead guilty and get the nuisance of court over with. This is especially the case if the youth is under restrictive bail conditions and there is no likelihood of a jail sentence. However, given the above considerations, it is far more prudent to have the assistance of experienced legal counsel to ensure that your child’s interests are protected throughout the process. It is often the case that, through negotiation, the Crown Attorney can be persuaded to withdraw the charge once they come to better understand the circumstances surrounding the offence and the willingness of the youth to engage in pro-social activities such as counselling or community service.

If you or a youth in your care have been charged, it is highly recommended that you consult with an experienced Criminal Defence Lawyer to determine what course of action will be best going forward. To book a free consultation with a lawyer at SWH Law please click here