Comparution devant un juge pour mineurs

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• < Justice pénale pour les adolescents

• < Procédure et pratique

Principes généraux

Appearance

Appearance before judge or justice

32 (1) A young person against whom an information or indictment is laid must first appear before a youth justice court judge or a justice, and the judge or justice shall

(a) cause the information or indictment to be read to the young person;

(b) if the young person is not represented by counsel, inform the young person of the right to retain and instruct counsel; and

(c) if notified under subsection 64(2) (intention to seek adult sentence) or if section 16 (status of accused uncertain) applies, inform the young person that the youth justice court might, if the young person is found guilty, order that an adult sentence be imposed.

(d) [Repealed, 2012, c. 1, s. 170]

Waiver

(2) A young person may waive the requirements of subsection (1) if the young person is represented by counsel and counsel advises the court that the young person has been informed of that provision.

Young person not represented by counsel

(3) When a young person is not represented by counsel, the youth justice court, before accepting a plea, shall

(a) satisfy itself that the young person understands the charge;

(b) if the young person is liable to an adult sentence, explain to the young person the consequences of being liable to an adult sentence and the procedure by which the young person may apply for an order that a youth sentence be imposed; and

(c) explain that the young person may plead guilty or not guilty to the charge or, if subsection 67(1) (election of court for trial — adult sentence) or (3) (election of court for trial in Nunavut — adult sentence) applies, explain that the young person may elect to be tried by a youth justice court judge without a jury and without having a preliminary inquiry, or to have a preliminary inquiry and be tried by a judge without a jury, or to have a preliminary inquiry and be tried by a court composed of a judge and jury and, in either of the latter two cases, a preliminary inquiry will only be conducted if requested by the young person or the prosecutor.

If youth justice court not satisfied

(4) If the youth justice court is not satisfied that a young person understands the charge, the court shall, unless the young person must be put to his or her election under subsection 67(1) (election of court for trial — adult sentence) or, with respect to Nunavut, subsection 67(3) (election of court for trial in Nunavut — adult sentence), enter a plea of not guilty on behalf of the young person and proceed with the trial in accordance with subsection 36(2) (young person pleads not guilty).

If youth justice court not satisfied

(5) If the youth justice court is not satisfied that a young person understands the matters set out in subsection (3) [young person not represented by counsel], the court shall direct that the young person be represented by counsel.

2002, c. 1, s. 32, c. 13, s. 91; 2012, c. 1, s. 170.
[annotation(s) ajoutée(s)] [LSJPA (CanLII), (Jus.)

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Section 32(3) requires the judge to explain his right to plead guilty or not guilty and obtain legal representation before the young person can enter their plea.