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I'd like to know if a person commits an offence as a minor…

Hi, i'd like to know...
Hi, i'd like to know if a person commits an offence as a minor that does not come out till the person is an adult, how is that handled?
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Answered in 5 minutes by:
11/17/2017
TexasAtty
Category: Canada Law
Satisfied Customers: 34,387
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Sorry, I just noticed this was a Canada question. I need to switch this to that section.

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Customer reply replied 3 months ago
thanks go ahead
Customer reply replied 3 months ago

ok please email me at **********

Customer reply replied 3 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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Customer reply replied 3 months ago
Hello, hope we get an answer soon!
CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 261
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.
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Hello

I'm a criminal lawyer and can assist with your inquiry. First, you should not be leaving your personal e-mail on the forum - Moderators, please have it blanked out. We have to correspond with you over the forum itself, not via e-mail.

Your question is a good one. The answer, however, is complicated.

The general rule is that a youth criminal record does NOT necessarily disappear when the person becomes an "adult" in the eyes of criminal law (ie, 18 years of age). The relevant factors to determine when a youth record will be sealed are:

a) The nature of the offence committed and what sentence/outcome was imposed

b) Whether the youth committed another offence while his/her youth record was "open" (referred to as the access period)

c) Whether the youth was tried / sentenced as a youth or an adult

First off, if the youth was convicted and sentenced as an adult (which is not common, and typically occurs for extremely serious offences such as attempt murder, murder, etc), then that record will be with them for life, unless they receive a pardon (now referred to as a record suspension).

Second, the more common question that determines when a youth record closes is how long the access period is for the specific outcome they received. The following are the relevant access periods under the Youth Criminal Justice Act:

- Youth acquitted at trial = 2 months (as a general rule)

- Charge withdrawn = 2 months

- Reprimand = 2 months

- Charge stayted = 1 year

- Extrajudicial sanction = 2 years

- Absolute discharge = 1 year after finding of guilt

- Conditional discharge = 3 years after finding of guilt

- Conviction for a summary matter = 3 years after finding of guilt

- Conviction for an indictable matter = 5 years after finding of guilt

- Murder, manslaughter, attempt murder or aggravated sexual assault = record can be kept indefinitely

The access periods are determinative, not the youth's age. For example, if a youth is 17 years old and receives a conditional discharge, the youth record would be visible for 3 years, and then be sealed when the youth is 20. If the youth, as an example, commits a further offence as an adult before s/he hits 20, and is found guilty of that offence, the youth record will remain with them for life (unless a record suspension is granted).

Once the access period ends, the youth record is to be sealed/destroyed. Again, only if they commit an offence during the period will that record remain with them indefinitely. Finally, the common belief that a youth record disappears after the individual hits 18 is inaccurate - the key is the access periods.

I hope that makes sense. If you have found this helpful, please consider a positive rating!

Thanks

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Customer reply replied 3 months ago
Ok, that clarifies somewhat. more to the point , no charges were filed at the time. so what would happen if the offence comes out later?

You're going to have to clarify what you mean. Are you saying that the young person has not been charged as of yet? You'll need to clarify what you mean about "if the offence comes out later".

Thanks

CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 261
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.
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Customer reply replied 3 months ago
the situation is that an offence may have occured while the person was a minor. no charges were laid at the time. If an complaint is made now that the person is an adult what would likely happen?
Customer reply replied 3 months ago
hello again, when could i expect a call
?

I see.

If the police decide to lay charges against an individual, in determining whether the person will be treated as a young person or adult, the determining factor is when the alleged offence took place, not the age of the individual at the time of being charged.

For example, if person X commits an assault when s/he is 17, but the police receive a late complaint and the person is charged when s/he is 18 and a half, the case will be a Youth Court case, not an adult one.

Of course, if the charge is extremely serious, the Crown can always make an attempt to upgrade it such that the youth would be treated as an adult.

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The website didn't show that you wanted to use a phone call service - only a discussion on the forum, which is what we are doing. I don't work for the site, I am in independent lawyer who just answers questions on my free time.

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Customer reply replied 3 months ago
ok thanks, ***** ***** the call then.
Customer reply replied 3 months ago
hello again, the site has told me you referred me to another lawyer. Could you cancel that referral and the phone call?
Customer reply replied 3 months ago
hello are you still online?

The lawyers like myself have no control over the site - we just answer questions. I didn't refer you to anyone.

Moderators - please address this situation and the user's concern.

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