When a young person aged 12 to 17 is charged with an offence, a separate law applies: the Youth Criminal Justice Act. It has its own rules for police questioning, bail, sentencing, privacy and records, and it puts rehabilitation ahead of punishment. This page explains what parents and young people should know. A criminal defence lawyer at Law Wise, based in Mississauga and serving the entire GTA and Ontario, can help a young person, and their parents, through a charge under the Youth Criminal Justice Act.
Who the Act applies to
The Youth Criminal Justice Act (YCJA) applies to a “young person”, meaning someone who was 12 or older but under 18 at the time of the alleged offence (s 2). A child under 12 cannot be charged with a criminal offence. The offences themselves are the same as for adults and are found in the Criminal Code and other federal laws. What differs is the process and the outcome. Cases are heard in youth justice court, which in Ontario is a sitting of the Ontario Court of Justice.
The Act states its guiding principles in section 3. The youth system must be separate from the adult system. It is based on the principle that young people have diminished moral blameworthiness, and it must emphasize rehabilitation and reintegration, fair and proportionate accountability, and enhanced procedural protection, including protection of privacy.
Key protections under the YCJA
- Measures outside court come first. Before charging, a police officer must consider taking no further action, a warning, a caution or a referral to a community program (s 6). For a non-violent offence by a young person with no earlier finding of guilt, these measures are presumed to be enough (s 4(c)).
- Right to counsel. A young person has the right to a lawyer without delay at every stage, and must be told so on arrest or detention (s 25).
- Notice to a parent. A parent must be notified as soon as possible when a young person is arrested and detained, or is given a summons, appearance notice or undertaking (s 26).
- Privacy. As a general rule, no one may publish the name of a young person, or other information that would identify them as having been dealt with under the Act (s 110).
- Custody as a last resort. A youth court may sentence a young person to custody only in limited situations, and only after considering all reasonable alternatives (s 39).
Source: Youth Criminal Justice Act, SC 2002, c 1, ss 2 to 4, 6, 25, 26, 39 and 110, as they read on 11 October 2026 (Justice Laws version current to 21 September 2026).
Statements to the police
The rules on police questioning are the most important protection in the Act, and they are stricter than for adults. A statement made by a young person to a police officer or other person in authority, on arrest or detention or when the officer has reasonable grounds to believe the young person committed an offence, cannot be used against the young person unless several conditions are met (s 146). The statement must be voluntary. Before it was made, the officer must have clearly explained, in language suited to the young person’s age and understanding, that there is no obligation to say anything, that anything said may be used as evidence, and that the young person has the right to consult a lawyer and a parent, or another appropriate adult, and to have them present. The young person must have been given a reasonable opportunity to consult them. A young person can give up these rights, but a waiver must be recorded or be in writing and signed. Where the police did not follow these steps, the defence can ask the court to exclude the statement. Parents should know that their role is to support their child, and that encouraging a child to “just tell the truth” to the police before speaking with a lawyer can remove protections the law has provided.
Bail for young persons
The Act limits when a young person can be held in custody before trial (s 29). Detention is permitted only if the young person is charged with a serious offence, or has a history that shows a pattern of outstanding charges or findings of guilt, and the court is satisfied that detention is needed to ensure attendance in court or to protect the public, or, for a serious offence, that exceptional circumstances require it to maintain confidence in the justice system. A court may impose a release condition only if it is necessary, reasonable in light of the alleged conduct, and one the young person will reasonably be able to follow. A parent or another responsible adult is usually central to the release plan.
Resolving a case without a trial
- Extrajudicial measures. A warning, a police caution or a referral to a program, with no charge laid.
- Extrajudicial sanctions. A formal program used where a warning or referral is not enough (s 10). The young person must accept responsibility, consent freely, and first be told of the right to speak with a lawyer. Typical terms are community service, an apology, restitution or counselling. On completion, the charge does not proceed.
- A sanction is not available to a young person who denies involvement or who wants the charge dealt with by the court. A young person should not accept responsibility for something they did not do in order to end a case.
Youth sentences
If a young person is found guilty, the court chooses from the youth sentences listed in section 42. They include a reprimand, an absolute or conditional discharge, a fine, community service, restitution, probation, an intensive support and supervision program, and custody and supervision. In general a youth sentence for a single offence cannot last more than two years, or three years where an adult could receive life for the offence, with separate limits for murder. A custody and supervision order is served partly in custody and partly under supervision in the community.
The Crown may apply for an adult sentence only where a young person aged 14 or older at the time is found guilty of an offence for which an adult could receive more than two years (s 64). The Crown must give notice before plea and must satisfy the court that the presumption of diminished moral blameworthiness is rebutted and that a youth sentence would not be long enough to hold the young person accountable (s 72).
Youth records
A youth record does not disappear on the young person’s 18th birthday, and it is not permanent either. The Act sets “access periods” during which a record can be disclosed to those permitted by law (s 119). After the period ends, access is closed, provided the person has not been found guilty of a further offence in the meantime. The main periods are:
- extrajudicial sanction: two years after the young person consents to it;
- charge withdrawn or dismissed, or a reprimand: two months;
- absolute discharge: one year after the finding of guilt;
- conditional discharge: three years after the finding of guilt;
- summary conviction offence: three years after the youth sentence is completed;
- indictable offence: five years after the youth sentence is completed.
A new finding of guilt during the access period extends it. A finding of guilt as an adult while a youth record is still open can also change how that record is treated, so staying out of further trouble during the access period matters.
First steps for parents
- Find out where your child isAsk the police for the place of detention and the charge. You are entitled to notice.
- Arrange a lawyer before any interviewTell your child, and the officer, that your child wants to speak with a lawyer first.
- Do not question your child about the factsConversations between a parent and child are not protected the way conversations with a lawyer are.
- Prepare for a release planBe ready to tell the lawyer about home, school, supervision and any supports already in place.
- Keep school and routine goingAttendance, activities and counselling all help show the court the young person’s circumstances.
How Law Wise helps
- Speaking with the young person privately and explaining the process in plain terms.
- Dealing with the police and the Crown about extrajudicial measures or sanctions where they are suitable.
- Preparing a release plan and appearing at the bail hearing.
- Reviewing whether any statement was taken in compliance with section 146.
- Defending the charge at trial, and addressing sentence and record consequences.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about youth charges
Will this be on my child’s record forever?
No. Youth records are subject to access periods that depend on the outcome, from two months to five years after the sentence is completed in most cases. A further offence during that period extends it.
Can my child be named in the news?
As a general rule, no. The Act prohibits publishing the name of a young person or information that would identify them. There are narrow exceptions, including where an adult sentence is imposed.
Can a 16-year-old be sentenced as an adult?
Only if the Crown applies, the offence is one for which an adult could receive more than two years, the young person was at least 14 at the time, and the court is satisfied of the matters in section 72. The onus is on the Crown.
Do I have to be present when the police question my child?
Your child has the right to consult a lawyer and a parent before making a statement and to have them present. Your child is not required to make a statement at all. Speak with a lawyer before any interview takes place.
Who is the client, the parent or the child?
The young person is the client. The lawyer takes instructions from the young person and owes the duty of confidentiality to them. Parents are usually closely involved, with the young person’s agreement.
Will a youth charge affect school, travel or immigration?
It can, depending on the outcome. Release conditions may affect school attendance, and a finding of guilt may matter for travel and immigration status. Raise these concerns with the lawyer at the start.
Has your child been arrested or charged?
Call before any police interview if you can. The first conversation covers where your child is, what the charge is and what happens next.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.