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Frequently Asked Questions

What are my rights and obligations if the police stop me or pick me up?

It is a good idea to cooperate with the police by telling them your name, address and age. You do not have to say more than that. If you are driving a car, you must show the police your driver's license, registration and insurance papers. If the police believe you have committed a crime, they can search you and possibly your car without a search warrant. They cannot search the place where you live without a search warrant.

The police must tell you why they stopped you or picked you up and if you are being arrested. You can be arrested and taken to the police station for questioning. If you are not arrested, you do not have to go to the police station. Being arrested does not mean you will be charged with an offence. You have the right to remain silent and refuse to answer questions. You have the right to speak to a lawyer at any point, whether or not you can pay the legal fees. You have the right to speak with another adult, such as your parent or guardian or someone else you trust, before you make a statement, and to have them and your lawyer with you when you make a statement. You are not required to make a statement.

You can sign a form called a waiver that says you do not want an adult present when you make a statement. This will not keep your parents or guardians from finding out about the incident. The police must notify your parents or guardians if you become involved in the youth justice system. They will be expected to participate in whatever process you go through.

There is a separate waiver that you must sign if you decide to give up your right to a lawyer. It is not a good idea to give up this right before you have spoken to a lawyer and you should not sign anything until you speak with a lawyer or an adult you trust. These policies are in place as guarantees to protect your rights - it is a good idea to use them.

Do I need to contact a lawyer?

The Act states that you have the right to a lawyer (also called legal counsel) at any stage of the proceedings against you. This is true even if you or your family can't pay for one. This means that you have the right to a lawyer:

if you are being questioned or interrogated
if you have been arrested but not charged
if your case might be dealt with outside the court system or
if you have been formally charged with an offence.

In all of these situations, the police must provide you with a phone to contact a lawyer.

When should I contact a lawyer?

Anytime you do not understand or agree with what is happening, you should immediately talk to a lawyer. It is your right to refuse to make a statement or answer any questions until after you have spoken to a lawyer.

If you have been picked up for an offence, it is possible that you will be dealt with outside the court system, particularly if the offence is less serious. If this happens, it is still a good idea to talk to a lawyer because a record may be kept and this may have consequences for you later. This is especially important if you are being dealt with extrajudicial sanctions, which are explained later on the page. If you are charged with an offence, you should talk to a lawyer as soon as possible.

What if I can't afford a lawyer?

You have the right to a lawyer even if you, or your parents or guardians, can't pay for it. If you cannot afford a private lawyer, Legal Aid services will be available to you. It is important to remember that your lawyer works for you, not your parents or guardians, even if they are paying for it. The lawyer's role is to advise you and take instructions from you, not your parents or guardians.

Will a lawyer come to the police station?

Your lawyer may come to the station or may give you advice by phone. If it is after-hours and you have called the lawyer at home, he or she may give you advice over the phone and arrange to complete the process the next day.

What do I do if I think the police have violated my rights or if I have a complaint about them?

You can make a complaint to the police department if you feel your rights were not respected - for example, if you were not given an opportunity to speak with your parents or guardians. In your complaint, you should include information about when and where you were stopped or arrested, if there were any witnesses, and the name or a description of the police officer. Talk with your parents or guardians or your lawyer about what happened.

Will my parents or guardians be told about what has happened?

The law says your parents or guardians must be notified if you are involved in the youth justice system. They will be sent a notice and they may be called or visited. They are expected to participate in whatever process is used to deal with the incident. If they do not attend court, the judge may postpone proceedings and order them to be present at the next court date. They will be given an opportunity to speak in court.

Extrajudicial measures
Extrajudicial measures is the name given to the out-of-court procedures that are used when dealing with youth crime. These measures are to be used in all cases where they will hold you accountable, or responsible, for your behavior.
Some possible choices are:

Taking no further action
Warnings - the police may call your parents or guardians in and give you a verbal or written warning with them present; this can also be done without your parents or guardians present
Police caution - a more formal warning by police that will likely include a letter to you and your parents and possibly a meeting at the police station
Referrals - the police refer you to community programs or agencies, like a recreation program or counseling, to help you stay out of trouble
Extrajudicial sanctions (see below)

Extrajudicial sanctions
Extrajudicial Sanctions are the most formal of the extrajudicial measures. In order to participate in an extrajudicial sanction program, you must admit responsibility for the offence and agree to take part in the process. An agreement may be made about what you will do to repair the harm done by your actions. The agreement is monitored to see if it has been fulfilled. Charges may be laid or other further action taken if conditions of the agreement are not met. Community justice forums, explained below, are one common way of developing these kinds of agreements in PEI.

An extrajudicial sanction creates a record that remains open for two years from the date the contract is signed between you and the program.

What happens if I go to court?

At your first appearance in court, you will have to enter a plea of either "not guilty" or "guilty". If you plead not guilty, a trial will be held. The Crown Attorney has to prove to the judge that you committed the crime and are guilty beyond a reasonable doubt. The Crown Attorney presents the case against you and may call witnesses. After the Crown has finished questioning each witness, your lawyer can question the same witness. This is called cross-examination. Your lawyer then calls witnesses to support your case, and after questioning each of them, the Crown can cross-examine them. You and your lawyer will decide if you will go on the witness stand.

If you plead guilty or are found guilty, the judge usually asks if you or your parents have anything to say before sentencing. Your parents or guardians should be prepared for this and know what they want to say. They should talk about anything that may help the judge decide what sentence to give.

The judge may order a pre-sentence report. This is a report about your situation prepared by a probation officer. The judge may ask that a conference of people who are involved with you or your case be called to make suggestions about what sentence to give you. If a pre-sentence report or a conference is ordered, you will have to come back to court later to be sentenced. You will probably be released until you are sentenced.

The Crown Attorney will also have a chance to make recommendations about your sentence. You or your lawyer will have a chance to speak after the Crown speaks. You can bring witnesses to give evidence about your character. It is important to talk about your background, prior youth record if you have one, and the circumstances of the offence.

What sentence might I get if I am found guilty in court or if I plead guilty?

A judge has several choices when it comes to sentencing. A pre-sentence report may be ordered to help the judge make a decision or the judge can ask for a conference, or meeting, of those involved in your case in order to receive recommendations about your sentence. The judge is required by the new law to give you the least restrictive sentence that will hold you accountable for the offence and still protect society. The judge can sentence you to one or more of the following choices:

Reprimand - the judge gives you a stern warning or lecture in the courtroom
Discharge - the judge orders you to be discharged with no conditions or with conditions and requirements
Fine not exceeding $1000 - the judge can fine you and name the time and the terms for it to be paid
Compensation - the judge orders you to pay or provide personal services to the victim to compensate, or make up, for loss or damage to property, for loss of income or support, or for personal injury
Restitution - the judge orders you to return property to the victim
Community Service - the judge orders you to perform tasks that benefit the community and to report to a person named by the judge
Prohibition, seizure or forfeiture - the judge makes an order preventing you from possessing any weapons or other prohibited devices, or requiring you to give up anything of this nature in your possession
Probation - the judge orders you to report to and be supervised by a probation officer under specific conditions named by the judge, for up to 2 years
Intensive support and supervision order - the judge makes an order similar to probation but with closer monitoring, and more support for you
Attendance order - the judge orders you to attend a program, with conditions and times tailored to meet your needs
Deferred custody and supervision order - the judge orders that you can serve the custody portion of your sentence in the community, under conditions ordered by the judge.
Custody and supervision order - the judge orders you to serve time in a custody facility followed by a period of supervision in the community

Do I have to speak to the victim(s) of my crime?

If you agree to participate in a community process such as a community justice forum, you will listen to and speak with the victim(s) and others who have been affected by your actions. This will likely include your family or people close to you.

If you go to court and are found guilty, you may have to listen to a victim impact statement but you may not have to face your victim directly or speak to your victim.

Will I have a criminal record?

Records can be kept about any case under the YCJA by the police, the court (if it goes to court), and the government. If your offence is dealt with by out-of-court measures, a record may be kept by the police and others involved. This may be considered if you get in trouble with the law again. If your case goes to court and you are found guilty, you will have a youth court record.

Excerpts from PEI Youth Justice website.