After an arrest, there is a presumption that a youth will be released until their next court date, but a youth can be held in custody while waiting for a trial.
A youth will only be held in custody if a court feels the youth has either committed a serious offence or has a history that shows a pattern criminal activity. It must be shown that, if released, there is substantial risk the youth will either:
- Not appear in court,
- Commit a serious offence, or
- That it is necessary to detain the youth to maintain confidence in the administration of justice
The judge must be satisfied that no condition(s) of release would adequately address the above concerns.
If the court does decide to release the youth, any conditions they impose must be related to the offence and criminal justice purposes. Conditions must not be too restrictive, and the youth must reasonably be able to comply with the restrictions. Release conditions cannot be used as replacements for child protection purposes, mental health services or other more appropriate social measures.