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not <ask now!>
1.
The police called my house last night and were asking my
mum about a fight I was in at school yesterday. They want
to talk to me about it today. Do I have to tell the police
what happened?
A. No. You do not have to
say anything to the police. You have a ‘right to remain
silent’. If you say anything to the police you are
making a statement, even if it isn’t in writing, and
even if you don’t sign anything. If you make a statement,
then the police might use that statement as evidence against
you in court.
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2. Do I
have to talk to the police if they stop me and my friends
on the street?
A. No. You do not have to
answer any of their questions or give them any information.
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3. I’m
15 and I’ve been charged with sexual assault. I want
to tell my lawyer what happened. If I do, will she have
to tell my parents? My Dad said he is paying her, so he
should know exactly what is going on.
A. Even if your parents are
paying your lawyer, she is working for you. Anything you
say to her is confidential. Your lawyer has a duty not to
tell your parents anything about your conversations with
her, unless you specifically give her permission to share
that information with your parents.
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4. A couple
of days ago I was in the mall and me and my friend took
some candy. I was going to pay but my friend stopped me.
The security guard saw us and called the police. The police
officer talked to the store manager and my parents, and
then said I was being let off with a warning. But I’m
worried about going to jail. I’m only 13 and I’ve
never done anything like that before.
A. Canada has a new law,
called the Youth Criminal Justice
Act, that deals with crimes committed by young people.
That law says that police must first look at alternatives
to the court process, like giving the young person a warning
or caution, instead of formally charging the young person
with a criminal offence. In your situation, as you haven’t
been involved with the law before, and the offence is not
serious, the police officer decided not to charge you. You
will not be sent to custody!
Even if you had been charged with shoplifting, the Youth
Criminal Justice Act says that a custodial sentence
is only supposed to be used if the crime is serious, or
if the young person has a history of disobeying non-custodial
sentences.
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5. Two of
my friends, Joe and Alison, were arrested after a video
store was robbed. Only Joe broke into the store, Alison
just sat in the car and kept a look out. How come Alison
is in trouble too?
A. Alison helped Joe commit
the robbery. It is a crime to help
someone else commit a crime.
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6. A couple
of girls beat me up and stole my money. I was off school
for a month and I'm still afraid to go out alone even though
they were caught and charged. Someone at the court said
I could make a Victim Impact Statement. What's that?
A. A Victim Impact Statement
is a written statement in which you would describe, in your
own words, how the crime has affected you. It is your chance
to be heard. If you write a Victim Impact Statement, the
judge would have to consider it when deciding what an appropriate
sentence would be.
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7. A friend
asked me to look after his new DVD player. I think it might
be stolen but I don't want to let him down. Can I get into
trouble?
A. Yes, you could get into
trouble. It is a crime to keep ('possess') stolen goods,
even if you are just holding the stolen items for someone
else.
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8. I was
convicted of assault. The guy I hit didn’t even have
any bruises. Will I have a criminal record forever?
A. No, but the rules about
youth criminal records are complicated. You should speak
with your lawyer to make sure you understand how long your
record will last.
The length of time you will have a record depends mainly
on whether the crime was minor or serious, and on the sentence
you got. For example, if you were found guilty of a minor
offence (called a ‘summary’ conviction offence)
for the assault, then your record will be destroyed 3 years
after you finish your sentence, as long as you don’t
commit another offence during that time. If you were found
guilty of a more serious offence (called an ‘indictable’
offence), then your record will be destroyed 5 years after
you finish your sentence, as long as you don’t commit
another offence during that time.
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9. My dad
said if I got into trouble with the police he’d ‘kill’
me. I got caught shoplifting. Will my dad find out?
A. Your dad might find out.
If the police just gave you a warning then they would not
be required to tell your dad. Otherwise, if you are charged
with an offence (‘theft under $5000’), or if
the police decide to take more formal steps (called ‘extrajudicial
sanctions’), then your dad would have to be notified.
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10. Some
kids broke into my house, wrote stuff on the walls and stole
some CDs and mom’s jewelry. The police caught them.
We’ve been asked to participate in a Restorative Justice
Program. What’s that?
A. Restorative Justice is
a community-based alternative to the court process. It is
designed to hold offenders accountable for their crimes
in a more meaningful way, and to give offenders an opportunity
to repair the harm caused by the crime. Victims are active
participants in this process. Restorative justice can take
many forms, but it generally involves a face-to-face meeting
between the victim and offender, and members of the community.
The victim and offender are each given a chance to explain
how the crime has affected them, and at the conclusion of
the meeting an agreement would be reached about how the
offender would repair the harm done. Reparation can include
monetary payment, providing a service to the victim, performing
community service, or any other agreed upon measure.
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11. I
have to go to court because I stole some money from a kid’s
locker at school. Will I be on T.V.?
A. No. The basic rule under
the Youth Criminal Justice Act is that no one is allowed
to publish identifying information or the name of a young
person who is in trouble with the law. There are only a
few exceptions to this basic rule.
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