Résumé
"This report presents data on pre-trial detention and bail proceedings in five large urban areas from the last years of the Young Offenders Act. Data from youth court, police and Crown Attorney files on pre-trial detention practices in Halifax-Dartmouth, downtown Toronto and Scarborough, Winnipeg, Edmonton, and downtown Vancouver and Surrey were collected and analysed. A random sample of 1,843 youth court cases was obtained for cases that had their first appearance dates between April 1, 1999 and March 31, 2000. This time frame was selected because most court and correctional processing would be completed by the time of data collection. The objectives of this research are to describe, in both quantitative and qualitative terms, the pre-trial detention experiences of young persons who come into conflict with the law; to determine what factors affect pre-trial detention at arrest and detention by the court; and to find out if pre-trial detention affects the plea and the sentences imposed by the youth court."--Page 1.
Contenu
1. Introduction -- 1.1. This report -- 1.2. Method -- 1.3. Report organization -- 2. The pre-trial detention process -- 2.1. Police detention at apprehension -- 2.2. Grounds for detention -- 2.3. Judicial interim release -- 2.4. Charges on which young persons were detained -- 2.5. Conditions of release -- 2.6. Police recommendations -- 2.7. Bail violation charges -- 2.8. Summary -- 3. Characteristics of youth detained by police: what factors affect police decision to detain? -- 3.1. Demographic and social characteristics of the young person -- 3.2. Legal characteristics of the case -- 3.3. Multivariate analysis of factors influencing police detention at arrest -- 3.4. Factors associated with the form of police release and police release conditions -- 3.5. Summary -- 4. Judicial interim release: what factors affect court decision-making? -- 4.1. Demographic and social characteristics of the young person -- 4.2. Legal characteristics of the case -- 4.3. Multivariate analysis of factors influencing detention by the youth court -- 4.4. Factors associated with the form of court release and conditions of court release -- 4.5. Factors affecting the number of release conditions and type of release: race in Toronto -- 4.6. Summary -- 5. The effects of detention at arrest on court processing -- 5.1. Does pre-trial detention affect the final plea and adjudication? -- 5.2. Does pre-trial detention affect sentencing? -- 5.3. Summary -- 6. Multiple detention stays -- 6.1. The total number of stays in police detention -- 6.2. Subsequent police detentions by form of release and conditions imposed by police/court -- 6.3. Detention stays in Halifax and Toronto -- 6.4. Summary -- 7. Discussion -- 7.1. Jurisdictional variations -- 7.2. Determinants of pre-trial detention decisions -- 7.3. Socio-legal and non-legal factors affecting pre-trial detention -- 7.4. Predicting risk -- 7.5. Failure to attend court and non-compliance with bail conditions (FTA/FTC) -- 7.6. The effects of pre-trial detention on the nature of the plea and the sentence -- 7.7. Further research -- References -- Appendix. Method and supporting tables.