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


TABLE 3.2 - LEGAL CHARACTERISTICS OF YOUNG PERSONS DETAINED BY POLICE AT APPREHENSION, BY COURT LOCATION

Halifax-Dartmouth Toronto (2 courts) Winnipeg Edmonton Vancouver Surrey Total sample
% detained by police at apprehension
All casesb 27.7% (332) 53.1% (392) 49.2% (360) 37.6% (396) 80.4% (163) 35.6% (146) 45.2% (1789)
Warrant for arrest?
No 25.4% (319) 49.3% (361) 47.6% (347) 34.0% (373) 80.1% (161) 35.0% (93) 42.7% (1702)
Yes 84.6% (13) 96.9% (32) 100.0% (13) 100.0% (23) 100.0% (2) 66.7% (3) 95.4% (87)

Prior record variables
Halifax-Dartmouth Toronto (2 courts) Winnipeg Edmonton Vancouver Surrey Total sample
% detained by police at apprehension
Any prior convictions?
No 19.9% (151) 36.4% (198) 39.9% (153) 28.1% (114) 77.8% (63) 25.0% (68) 34.9% (747)
Yes 37.0% (162) 73.3% (180) 58.5% (195) 43.5% (232) 81.3% (96) 42.9% (70) 55.1% (935)
Number of prior convictions
None 19.2% (156) 37.1% (202) 39.7% (156) 28.8% (118) 77.3% (66) 24.6% (69) 35.1% (767)
1 or 2 30.1% (73) 72.1% (61) 39.0% (59) 44.7% (76) 80.0% (30) 37.9% (29) 48.2% (328)
3 - 5 38.2% (34) 66.7% (39) 60.5% (43) 37.3% (59) 72.7% (22) 50.0% (18) 52.1% (215)
6 - 10 48.3% (29) 79.2% (48) 68.4% (57) 40.4% (52) 88.9% (18) 50.0% (10) 62.1% (214)
11 or more 57.9% (19) 80.0% (25) 80.0% (25) 52.8% (36) 90.5% (21) 50.0% (10) 69.1% (136)
Number of prior bail violations/fail to attend courtc
None 31.6% (114) 71.7% (92) 43.1% (102) 39.4% (127) 80.5% (82) 39.2% (51) 49.5% (568)
1 57.7% (26) 75.0% (48) 63.5% (52) 50.9% (53) 87.5% (8) 61.5% (13) 63.3% (199)
2 or more 40.9% (22) 75.6% (41) 88.1% (42) 46.2% (52) 83.3% (6) 33.3% (6) 63.7% (168)
Number of prior breaches of probationc
None 33.0% (109) 70.3% (145) 58.4% (149) 44.6% (139) 77.6% (49) 40.0% (18) 53.9% (636)
1 41.4% (29) 88.9% (27) 59.4% (32) 46.4% (56) 73.7% (19) 58.3% (12) 58.3% (175)
2 or more 50.0% (24) 75.0% (8) 57.1% (14) 35.1% (37) 92.9% (28) 38.5% (13) 56.5% (124)
Total number of prior offences against the administration of justicec
none 29.2% (89) 70.1% (87) 44.8% (87) 41.9% (54) 77.6% (49) 35.9% (39) 48.9% (444)
1 48.1% (27) 72.5% (40) 61.1% (54) 42.0% (50) 73.3% (15) 66.7% (12) 58.1% (198)
2 or more 45.7% (46) 79.2 (53) 77.8% (54) 46.1% (89) 90.6% (32) 42.1% (19) 62.5% (293)
Legal status at arrest
No current or minor involvement 16.1% (161) 24.3% (169) 31.0% (129) 21.1% (113) 75.0% (64) 25.0% (68) 27.8% (704)
Outstanding charges 38.3% (47) 89.1% (64) 58.4% (77) 51.1% (92) 70.6% (17) 21.4% (14) 58.5% (311)
On probation 45.6% (103) 72.5% (131) 62.2% (135) 44.4% (135) 86.1% (72) 51.9% (54) 59.7% (630)
In custody/UAL 0 84.6% (13) 83.3% (6) 55.6% (9) 0 0% (1) 72.4% (29)
Most serious prior sentencec
Discharge, fine, restitution 20.0% (10) 60.0% (5) 25.0% (8) 40.7% (27) 0 0% (1) 35.3% (51)
Probation 32.9% (76) 69.0% (58) 44.3% (79) 37.8% (111) 81.6% (38) 40.0% (45) 46.9% (407)
Custody 47.8% (69) 75.9% (112) 72.4% (98) 51.2% (86) 84.9% (53) 52.2% (23) 65.8% (441)

Current charge variables
Halifax-Dartmouth Toronto (2 courts) Winnipeg Edmonton Vancouver Surrey Total sample
% detained by police at apprehension
Outstanding charges at arrest
None 21.9% (210) 38.7% (238) 41.9% (217) 30.9% (181) 79.3% (87) 30.4% (79) 37.4%(1012)
1 or 2 37.7% (61) 83.1% (77) 56.7% (67) 53.2% (94) 71.4% (28) 37.0% (27) 57.9% (354)
3 or more 56.0% (25) 92.7% (41) 75.0% (40) 50.0% (36) 87.5% (8) 33.3% (6) 69.9% (156)
Not known 25.0% (36) 38.9% (36) 50.0% (36) 29.4% (85) 87.5% (40) 47.1% (34) 43.8% (267)
Number of charges at arrest
1 charge 15.1% (159) 41.2% (182) 42.3% (208) 28.0% (236) 76.0% (96) 32.5% (80) 36.6% (961)
2 charges 25.5% (98) 52.1% (117) 55.6% (72) 42.7% (96) 85.2% (54) 32.4% (37) 47.5% (474)
3 or more charges 57.3% (75) 77.4% (93) 61.3% (80) 65.6% (64) 92.3% (113) 48.3% (29) 65.5% (354)
Most serious charge type at arrest
Indictable person charge 64.7% (17) 81.1% (37) 77.8% (27) 68.8% (16) 100.0% (7) 33.3% (3) 75.7% (107)
Indictable property charge 56.7% (60) 42.6% (68) 52.2% (69) 66.7% (48) 89.3% (28) 46.2% (26) 56.2 (299)
Indictable drugs 60.0% (10) 87.0% (23) 50.0% (1) 86.7% (15) 100.0% (12) 100.0% (1) 84.1% (63)
Hybrid person charge 20.7% (82) 37.3% (110) 41.2% (68) 29.8% (57) 96.4% (28) 34.1% (44) 37.3% (389)
Hybrid property charge 13.1% (122) 46.9% (64) 37.3% (83) 15.3% (137) 52.6% (38) 25.0% (48) 26.4% (493)
Other charges, e.g., hybrid drugs, weapons, traffic 11.8% (17) 53.3% (45) 41.2% (17) 15.4% (26) 81.8% (11) 33.3% (9) 39.2% (125)
Probation breach 17.6% (17) 47.4% (19) 45.0% (40) 28.0% (50) 79.5% (39) 60.0% (10) 46.3% (175)
Other offences against the administration of justice 42.9% (7) 96.2% (26) 64.8% (54) 78.7% (47) 0 25.0% (4) 73.2% (138)
Any current fail to comply with an undertaking/fail to attend court or fingerprinting at arrest?
No 25.6% (305) 47.4% (350) 44.0% (282) 31.4% (341) 80.4% (163) 35.7% (143) 41.4% (1586)
Yes 51.9% (27) 100.0% (43) 69.2% (78) 78.2% (55) 0 66.7% (3) 74.9% (203)
Any current car theft?
No 25.8% (310) 53.0% (347) 49.7% (312) 36.3% (361) 77.2% (136) 33.6% (128) 43.8% (1594)
Yes 54.5% (22) 53.3% (45) 45.8% (48) 51.4% (35) 96.3% (27) 50.0% (18) 56.9% (195)
Any current shoplifting?
No 31.9% (276) 53.9% (375) 50.9% (338) 39.4% (348) 84.9% (152) 39.7% (121) 48.2% (1610)
Yes 7.1% (56) 35.3% (17) 22.7% (22) 25.0% (48) 18.2% (11) 16.0% (25) 18.4% (179)

Notes:

  • The numbers in brackets are the numbers on which the percentages are based.
  • na The proportion of "not knowns" is very high.
  • (b) The "all cases" percentages and numbers differ from those in Table 2.1 because the small number of cases where the youth was already in detention or custody have been removed for this analysis.
  • (c) This variable includes only those who had prior convictions.

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