Judicial Interim Release (Bail)
Before deciding whether to release a youth, the court may ask a youth probation officer to gather information about other options. The court may also refer the youth to child protection authorities or order that psychological or medical reports be prepared.
Visit If You Are Arrested (Adult Accused) for more information about being arrested.
A youth court judge will only deny you bail (and hold you in custody) if:
- You have
- Been charged with a serious offence or,
- You have a history of charges or guilty findings, and
- The judge thinks
- You may not appear in court, or
- It is necessary to detain you to protect the public, including a witness or victim, or
- It is necessary to maintain confidence in the justice system, and
- The judge thinks that releasing you on a bail order or conditions would not reduce any concerns the court has (as listed in the 5 bullets above) to an acceptable level.
For youth, the court must consider some other factors, such as:
- If a youth is kept in custody, they must be held separately from adult offenders
- A youth must not be detained as a substitute for appropriate child protection, mental health or other social measures
You do not need to convince the court that you shouldn’t be detained. It is always the job of Crown counsel to convince the court why you should be detained.