Pre-Trial Detention Under the Young Offenders Act: A Study of Urban Courts


TABLE 2.3 - REASONS FOR DETENTION BY COURT LOCATION

Primary Grounds
Hal/Drt Tor/Scar Wpg Edm Van Sur TOTAL
Previous FTA/UA charges 13.6% 18.5% 21.3% 8.2% 4.3% 0% 15.6%
Previous bail violations or probation breaches 31.8% 15.1% 31.5% 8.2% 21.7% 14.3% 20.5%
A history of "running" from home/foster home 0% 5.0% 4.6% 3.3% 4.3% 7.1% 4.3%
No fixed address or living on the street 27.3% 18.5% 14.8% 9.8% 0% 7.1% 14.7%
Deemed out of control 45.5% 15.1% 6.5% 1.6% 4.3% 14.3% 11.2%
No responsible/willing parent or guardian 27.3% 7.6% 3.7% 6.6% 0% 14.3% 7.2%
Primary grounds (unspecified) 0% 24.4% 12.0% 39.3% 17.4% 42.9% 21.9%
Outstanding charges 22.7% 26.9% 24.1% 14.8% 17.4% 7.1% 22.2%

Secondary Grounds
Hal/Drt Tor/Scar Wpg Edm Van Sur TOTAL
Significant prior record 31.8% 16.0% 23.1% 16.4% 26.1% 7.1% 19.6%
Similarity of offence to prior offences 13.6% 14.3% 7.4% 4.9% 17.4% 14.3% 10.7%
Seriousness of current offence 27.3% 17.6% 22.2% 4.9% 3.0% 14.3% 17.0%
Likely to continue criminality if released 31.8% 28.6% 49.1% 8.2% 8.7% 0% 29.1%
Tertiary Grounds 9.1% 6.0% 6.5% 54.1% 65.2% 28.6% 21.9%
Tertiary grounds (unspecified) 0% 18.5% 2.8% 16.4% 8.7% 0% 10.7%

Other Grounds
Hal/Drt Tor/Scar Wpg Edm Van Sur TOTAL
A history of mental health problems 9.1% 1.7% 0.9% 0% 4.3% 7.1% 2.0%
Total number of reasons 22 119 108 61 23 14 347

Notes:

  1. Reasons were located in a minority of cases; those that were available were found in both Crown and police files and therefore the date may refer to either or both the police and court detention decisions. In Toronto/Scarborough all reasons were in police briefs to the Crown.
  2. Some reasons in the primary grounds panel are our interpretation of primary grounds for young persons - we argue that a history of "running" and a label of "out of control" can be used as reasons why the youth might not attend court.
  3. Hal/Drt=Halifax/Dartmouth; Tor/Scar=Toronto/Scarborough; Wpg=Winnipeg; Edm=Edmonton; Van=Vancouver; Sur=Surrey.
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