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:
- 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.
- 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.
- Hal/Drt=Halifax/Dartmouth; Tor/Scar=Toronto/Scarborough; Wpg=Winnipeg; Edm=Edmonton; Van=Vancouver; Sur=Surrey.
