There is a common misconception that young people charged with criminal offences will automatically be treated more leniently by the courts than adults or that they will simply have their charges dropped as a result of their youth. There is also a widely held belief that a conviction as a youth will not have a significant impact on a youthful individual or once they become an adult. Nothing could be further from the truth. Even people under 18 convicted of a criminal offence may face a significant period of jail for certain offences or be placed on lengthy terms of probation. Further, a criminal record as a youth does not automatically “disappear” at age 18 and may have a significant impact for the rest of one’s life.

There are special rights, protocols and procedures afforded to young people under 18. For example, the police are limited in their ability to take statements from young persons. Youth legislation gives the Youth the right to speak to a lawyer, a parent or another adult before the Youth decides whether or not to speak to the police. The lawyer or an adult can be present with the Youth when they make a statement to the police, unless the Youth decides not to have them present. A statement made by the Youth to the police that does not conform with those requirements cannot be used in Court by the Prosecution against the young person. Additionally there are many creative resolutions available to a Youth to deal with their criminal charges that does not involve a finding of guilt against them such as "warnings", a "caution" or "Extra Judicial Sanctions". All of these options can be utilized by a well-prepared and knowledgeable Criminal Lawyer to prevent registration of a conviction.

The lawyers at Kafka Kort are well versed with the requirements and protections contained in the Youth Criminal Justice Act and work tirelessly to protect the rights of young people before the courts. If you, your child, or someone you know is charged as a youth, please contact Kafka Kort to set up an appointment to discuss your case.