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

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Table of Contents

• Executive Summary
• 1. Introduction
  • 1.1 This Report
  • 1.2 Method
  • 1.3 Report Organization
• 2. The Pre-trial Detention Process
  • 2.1 Police Detention at Apprehension
  • 2.2 Grounds for Detention
  • 2.3 Judicial Interim Release
    • 2.3.1 The Timing of the First Bail Hearing
    • 2.3.2 Release on Bail and the Form of Release
    • 2.3.3 Release to Responsible Persons
    • 2.3.4 Adjournments of Bail Hearings
    • 2.3.5 The Need for a Release Plan
    • 2.3.6 Reverse Onus
    • 2.3.7 Days in Detention
    • 2.3.8 Bail Programs
    • 2.3.9 Appeals and De Novo Hearings
    • 2.3.10 Crown Decision-making
  • 2.4 Charges on which Detained
  • 2.5 Conditions of Release
    • 2.5.1 Specific Conditions Imposed
    • 2.5.2 The Mean Number of Conditions
    • 2.5.3 A Comparison of the Bail Conditions Imposed on Young Persons and Adults
  • 2.6 Police Recommendations
    • 2.6.1 Police Recommendations on Bail
    • 2.6.2 Police Release Condition Recommendations
  • 2.7 Bail Violation Charges
    • 2.7.1 Bail Violations at Entry into the Study Sample
    • 2.7.2 Bail Violations after Release by the Court
    • 2.7.3 The Types of Conditions Violated
  • 2.8 Summary
• 3. Characteristics of Youth Detained by Police: What Factors Affect Police Decisions to Detain?
  • 3.1 Demographic and Social Characteristics of the Young Person
    • 3.1.1 Gender, Age and Race
    • 3.1.2 Social Variables
  • 3.2 Legal Characteristics of the Case
    • 3.2.1 Arrest Warrants
    • 3.2.2 Presence and Characteristics of Prior Record
    • 3.2.3 Current Charges
  • 3.3 Multivariate Analysis of Factors Influencing Police Detention at Arrest
    • 3.3.1 Logistic Regression
    • 3.3.2 Operationalizing the Independent Variables
    • 3.3.3 The Influence of Social and Socio-legal Characteristics on Police Detention
    • 3.3.4 The Influence of Legal Characteristics on Police Detention
  • 3.4 Factors Associated with the Form of Police Release and Police Release Conditions
    • 3.4.1 Type of Offence
    • 3.4.2 Factors Associated with Police Release Conditions
  • 3.5 Summary
• 4. Judicial Interim Release: What Factors Affect Court Decision-making?
  • 4.1 Demographic and Social Characteristics of the Young Person
    • 4.1.1 Gender, Age and Race
    • 4.1.2 Social and Socio-legal Variables
  • 4.2 Legal Characteristics of the Case
    • 4.2.1 Bail-related Factors
    • 4.2.2 Presence and Characteristics of Prior Record
    • 4.2.3 Current Charges
  • 4.3 Multivariate Analysis of Factors Influencing Detention by the Youth Court
    • 4.3.1 The Influence of Social and Socio-legal Characteristics on Detention by the Youth Court
    • 4.3.2 The Influence of Legal Characteristics on Detention by the Youth Court
  • 4.4 Factors Associated with the Form of Court Release and Conditions of Court Release
    • 4.4.1 Type of Offence
    • 4.4.2 Factors Associated with Court Release Conditions
  • 4.5 Factors Affecting the Number of Release Conditions and Type of Release: Race in Toronto
  • 4.6 Summary
• 5. The Effects of Detention at Arrest on Court Processing
  • 5.1 Does Pre-trial Detention Affect the Final Plea and Adjudication?
  • 5.2 Does Pre-trial Detention Affect Sentencing?
  • 5.3 Summary
• 6. Multiple Detention Stays
  • 6.1 The Total Number of Stays in Police Detention
  • 6.2 Subsequent Police Detentions by Form of Release and Conditions Imposed by Police/Court
    • 6.2.1 Police Detention and the Conditions Imposed
    • 6.2.2 Form of Release and Conditions Imposed by the Court
  • 6.3 Detention Stays in alifax and Toronto
  • 6.4 Summary
• 7. Discussion
  • 7.1 Jurisdictional Variations
  • 7.2 Determinants of Pre-trial Detention Decisions
    • 7.2.1 Detention Decisions by Police at Initial Apprehension
    • 7.2.2 Judicial Interim Release Decisions
  • 7.3 Socio-legal and Non-legal Factors Affecting Pre-trial Detention
    • 7.3.1 Detention for Child Welfare Purposes
    • 7.3.2 The Role of Age, Gender and Race
  • 7.4 Predicting Risk
    • 7.4.1 Adequacy of the Information Available to Bail Decision-makers
    • 7.4.2 Are Risk Prediction Instruments Required?
  • 7.5 Failure to Attend Court and Non-Compliance with Bail Conditions (FTA/FTC)
  • 7.6 The Effects of Pre-trial Detention on the Nature of the Plea and the Sentence
    • 7.6.1 Findings of Guilt
    • 7.6.2 Sentences Received by Detained Youth
  • 7.7 Further Research
• References
• Appendix: Method and Supporting Tables

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