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.
