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


Table 4.2 - Legal Characteristics of Young Persons Detained by the Court, by Court Location

Halifax-Dartmouth Tor & Scar Winnipeg Edmonton Van & Surrey Total sample
% detained by the court until case over
All cases 30.8% (91) 45.8% (212) 39.5% (172) 37.0% (146) 28.5% (181) 37.2% (806)

Bail-related variables
Halifax-Dartmouth Tor & Scar Winnipeg Edmonton Van & Surrey Total sample
% detained by the court until case over
Reverse onus?
No 26.9% (67) 32.8% (64) 28.1% (89) 25.6% (43) 24.6% (138) 27.2% (401)
Yes 52.9% (17) 57.5% (73) 50.0% (64) 53.2% (47) 38.9% (18) 52.5% (219)
Not known 14.3% (7) 45.9% (74) 58.8% (17) 30.9% (55) 41.4% (29) 40.7% (182)
Any primary grounds cited?
No 27.4% (73) 40.3% (134) 37.7% (106) 30.2% (116) 26.1% (165) 32.3% (594)
Yes 44.4% (18) 55.1% (78) 42.4% (66) 63.3% (30) 50.0% (20) 50.9% (212)
Any secondary grounds cited?
No 24.4% (78) 40.8% (125) 42.7% (103) 28.0% (107) 24.7% (162) 32.0% (575)
Yes 69.2% (13) 52.9% (87) 34.8% (69) 61.5% (39) 56.5% (23) 50.2% (231)
Both primary & secondary grounds cited?
No grounds mentioned 24.6% (69) 36.4% (99) 41.8% (79) 24.2% (95) 22.5% (151) 29.0% (493)
Either primary or secondary ground mentioned 38.5% (13) 47.2% (53) 31.1% (45) 57.6% (33) 37.5% (16) 43.1% (160)
Both primary and secondary grounds mentioned 56.7% (9) 56.4% (55) 42.2% (45) 70.6% (17) 61.5% (13) 54.7% (139)

Prior Record variables
Halifax-Dartmouth Tor & Scar Winnipeg Edmonton Van & Surrey Total sample
% detained by the court until case over
Any prior convictions?
No 10.0% (30) 26.4% (72) 19.0% (58) 3.2% (31) 10.4% (67) 15.9% (258)
Yes 40.7% (59) 55.9% (136) 50.0% (112) 51.0% (100) 37.0% (108) 48.0% (515)
Number of prior convictions
No prior convictions 10.0% (30) 26.7% (75) 20.3% (59) 6.1% (33) 10.1% (69) 16.5% (266)
1 or 2 27.3% (22) 27.3% (44) 26.1% (23) 45.5% (33) 14.7% (34) 28.2% (156)
3 - 5 38.5% (13) 53.6% (28) 39.1% (23) 33.3% (21) 23.1% (26) 37.8% (111)
6 - 10 38.5% (13) 74.4% (39) 61.5% (39) 50.0% (22) 50.0% (22) 59.3% (135)
11 or more 72.7% (11) 85.7% (21) 66.7% (21) 78.9% (19) 78.3% (23) 76.8% (95)
Number of prior bail violations/fail to attend courtb
None 30.6% (36) 40.0% (65) 39.5% (43) 43.8% (48) 33.3% (87) 37.3% (279)
1 64.3% (14) 59.5% (37) 59.4% (32) 59.3% (27) 53.3% (15) 59.2% (125)
2 or more 44.4% (9) 82.9% (35) 54.1% (37) 56.0% (25) 50.0% (6) 62.2% (111)
Number of prior breaches of probationb
None 33.3% (36) 48.5% (103) 43.4% (83) 49.2% (61) 16.1% (56) 40.4% (339)
1 36.4% (11) 76.9% (26) 65.0% (20) 53.8% (26) 42.9% (21) 57.7% (104)
2 or more 66.7% (12) 85.7% (7) 77.8% (9) 53.8% (13) 71.0% (31) 69.4% (72)
Total number of prior offences against the administration of justiceb
None 26.9% (26) 38.3% (60) 36.8% (38) 43.2% (37) 15. (52) 31.9% (213)
1 38.5% (13) 56.7% (30) 51.6% (31) 52.4% (21) 36.8% (19) 49.1% (114)
2 or more 60.0% (20) 78.7% (47) 60.5% (43) 57.1% (42) 67.6% (37) 65.4% (188)
Legal status at arrest
No current or minor involvement 19.2% (26) 14.6% (41) 12.5% (40) 8.7% (23) 9.1% (66) 12.2% (196)
Outstanding charges 27.8% (18) 49.1% (57) 42.9% (42) 37.8% (45) 31.3% (16) 41.0% (178)
On probation 39.1% (46) 49.5% (95) 48.1% (81) 45.0% (60) 36.7% (90) 44.1% (372)
In custody/UAL 0 100.0% (15) 100.0% (6) 100.0% (5) 100.0% (1) 100.0% (27)
Most serious prior sentenceb
Discharge, fine, restitution 0% (2) 33.3% (3) 50.0% (2) 36.4% (11) 0 33.3% (18)
Probation 24.0% (25) 35.0% (40) 26.5% (34) 46.3% (41) 12.8% (47) 29.3% (187)
Custody 56.3% (32) 67.4% (89) 61.4% (70) 59.1% (44) 57.6% (59) 61.6% (294)

Current charge variables
Halifax-Dartmouth Tor & Scar Winnipeg Edmonton Van & Surrey Total sample
% detained by the court until case over
Outstanding charges at arrest
None 23.9% (46) 36.2% (94) 32.6% (89) 31.5% (54) 17.9% (95) 28.6% (378)
1 or 2 36.4% (22) 45.5% (66) 43.2% (37) 40.0% (50) 25.8% (31) 39.8%(206)
3 or more 50.0% (14) 65.8% (38) 42.9% (28) 47.1% (17) 70.0% (10) 55.1% (107)
Not known 22.2% (9) 57.1% (14) 61.1% (18) 36.0% (25) 42.9% (49) 44.3% (115)
Number of charges at arrest
1 charge 25.0% (24) 44.9% (78) 38.8% (85) 37.9% (66) 24.2% (99) 34.9% (352)
2 charges 24.0% (25) 41.9% (62) 31.7% (41) 32.5% (40) 32.2% (59) 33.9% (227)
3 or more charges 38.1% (42) 50.0% (72) 47.8% (46) 40.0% (40) 37.0% (27) 44.1% (227)
Most serious charge type at arrest
Indictable person charge 45.5% (11) 48.4% (31) 31.6% (19) 10.0% (10) 66.7% (9) 41.3% (80)
Indictable property charge 36.4% (33) 39.3% (28) 40.0% (35) 36.7% (30) 32.4% (37) 36.8% (161)
Indictable drugs 16.7% (1) 45.0% (20) 100.0% (1) 23.1% (13) 30.8% (13) 34.0% (53)
Hybrid person charge 11.8% (17) 40.9% (44) 27.6% (29) 27.8% (18) 14.3% (42) 26.0% (150)
Hybrid property charge 31.3% (16) 36.7% (30) 32.3% (31) 33.3% (21) 24.2% (33) 31.3% (131)
Other charges e.g., hybrid drugs, weapons, traffic 50.0% (2) 44.0% (23) 42.9% (7) 25.0% (4) 33.3% (12) 40.0% (50)
Probation breach 33.3% (3) 55.6% (9) 44.4% (18) 50.0% (14) 35.1% (37) 42.0% (81)
Other offences against the administration of justice 33.3% (3) 68.0% (25) 56.3% (32) 52.8% (16) 0% (1) 56.7% (97)
Any car theft?
No 25.3% (79) 48.4% (188) 40.7% (150) 36.4% (129) 27.5% (149) 37.4% (695)
Yes 66.7% (12) 25.0% (24) 31.8% (22) 41.2% (17) 33.3% (36) 36.0% (111)
Any shoplifting?
No 29.9% (87) 46.1% (206) 40.1% (167) 37.3% (134) 28.7% (178) 37.4% (772)
Yes 50.0% (4) 33.3% (6) 20.0% (5) 33.3% (12) 28.6% (7) 32.4% (34)
Any fail to comply with an undertaking/fail to attend court or for fingerprinting at arrest?
No 27.3% (77) 43.2% (169) 35.2% (125) 34.0% (106) 28.4% (183) 34.2% (660)
Yes 50.0% (14) 55.8% (43) 51.1% (47) 45.0% (40) 50.0% (2) 50.7% (146)

Notes:

  • The numbers in brackets are the numbers on which the percentages are based.
  • na The proportion of "not knowns" is very high.
  • b This variable includes only those who had prior convictions.