Consider the scenarios described below and decide when the record will be closed.
Name: Jamie and Mark
Age: 12
Offence: Joyriding
Facts: Walking home from school, saw a car parked at the side of the road with keys in the ignition; decided to take the car for a joy ride down by the beach, because they knew that other kids their age would be there. On the way to the beach to impress their friends, a police officer stopped them for speeding.
Outcome: Extrajudicial Sanction
Name: Serena
Age: 15
Offence: Assault
Facts: Serena has had a difficult life and doesn't live at home because her mother is a drug user living in substandard housing. Serena lives in a group home with several young people and a youth worker who supervises them. One evening in the group home, the youth worker caught Serena buying drugs. Serena became angry, broke a lamp, then hit the youth worker.
Outcome: Guilty of a summary conviction offence. 6 months’ probation Conditions=attending school & anger management counselling; abstaining from drugs; letter of apology and 30 hours of community service
Name: Colin
Age: 17
Offence: Robbery
Facts: Colin has often been in trouble with the law. A month ago, he robbed a store owner and had to go to court again. He was found guilty of robbery, which is an indictable offence.
Outcome: 1-month live-in treatment program & 9 months’ probation (go to school/get a job)
Name: Louis and Brian
Age: 14
Offence: Manslaughter
Facts: Louis and Brian participated in a home invasion; an elderly couple was at home during the invasion and the husband attempted to defend their property. During a scuffle with Louis and Brian, the elderly man, was fatally wounded. Louis was a repeat offender and Brian had no criminal record.
Outcome: Both Louis and Brian were given an adult sentence for manslaughter.
Answers:
Youth: Jamie and Mark
When will the record be closed? Two years after they consent to the sanction if no further offences have been committed.
Youth: Serena
When will the record be closed? Three years after Serena has completed her probation period and the attached conditions, her record will be closed. In total, her record will last for three years and six months if she commits no further offences.
Youth: Colin
When will the record be closed? Colin's record will be open for five years after he completes his sentence and probation. The total time will be five years and 10 months if he commits no further offences. If Colin commits another offence once he turns 18, his youth record will attach to his adult record and will be subject to adult record provisions. If Colin does not commit another offence until he is 25, his youth record will have been closed or destroyed five years and 10 months after his sentence for robbery, so it will not become part of his adult record.
Youth: Louis and Brian
When will the record be closed? Because Louis and Brian were given an adult sentence, their records are treated as adult records. Adult records remain open for life unless the person receives a pardon.
Previous