Offender: An act committed by a minor that, if committed by an adult, would constitute an indictable offence. The juvenile court has jurisdiction over delinquent acts. Offences include offences against persons, offences against property, drug-related offences and public order offences. Status offence: behaviour that is only considered a criminal offence if committed by a young person (e.g., running away from home). (See the reason for the transfer.) Reverse waiver – A minor tried in the adult system can apply to be transferred to the juvenile justice system. Probation An injunction available to the court as an alternative to recognizance, whereby a juvenile may be released into the community for a period of time under certain conditions and under the supervision of a probation officer. Legal capacity or capacity to sue presupposes that the client has both “sufficient current capacity to consult with his lawyer with an appropriate degree of rational understanding” and a “rational and factual understanding of the proceedings against him”. [2] Counsel must be able to determine when a minor client`s ability to participate in his or her own defence or to understand the nature and purpose of a trial may be impaired by developmental immaturity, mental disorder or disability. Age: Age at the time of referral to the juvenile court. Decision Plan/Report In preparation for an injunction hearing, various stakeholders will prepare plans or reports outlining the care and types of rehabilitation services that the party believes the child will need based on the decision. These proposed plans are usually prepared by the probation service and the defence, while other stakeholders, such as the prosecution service or the services, may also submit reports or recommendations.

When preparing plans, the court may order psychological assessments, diagnostic tests or a period of placement in a diagnostic facility to help determine an appropriate order. See also provision; decision hearing; MRP Order. Part of the “first hearing”, interchangeable with the term “presentation”, during which the minor is brought to court and reads the formal charges against him in the application. This is the stage where a teenager must admit or deny the allegations. In these proceedings, a court-appointed lawyer or a private lawyer of the minor must be present. Deferred decision This occurs when a judge decides not to try the minor and instead imposes conditions that, if met, will lead to the dismissal of the charges. This is not technically a “distraction” because the minor is involved in court and the client is required and subject to jurisdiction. However, if the client meets the court`s requirements, a deferred decision will result in a non-judicial decision and, eventually, the rejection of the application. A variation of this situation is when the court decides to grant a “stay of the decision”, which suspends the decision in situations where the court considers that the circumstances of the case warrant a “second chance” for the child. If the child meets all the conditions set by the court, the court may dismiss the charge and there will be no record of the decision. See also Redirect.

Guardian ad litem (GAL) A lawyer or solicitor appointed by a court to represent the best interests of the child in judicial proceedings, including juvenile delinquency. The role of the Alliance is different from that of the defence lawyer who represents the child`s expressed interest in the crime. Revocation hearings (also called injury hearings) A review hearing in which the state or regulatory body claims that the minor has not met his or her probation, probation, or release conditions prior to trial. If the court revokes the probation, probation or release of the child from the review period, it may persuade the young person to accept any form of out-of-home placement. “Youth population: For delinquency and status offences, the juvenile population is defined as the number of children aged 10 to the upper age of the jurisdiction. With regard to dependency issues, it is defined as the number of children who reach or are below the upper age of responsibility. In all states, the upper age of jurisdiction is determined by law. Thus, if the upper age of jurisdiction is 17 years, the juvenile population of status crimes and offences is equal to the number of children aged 10 to 17 living in the geographical area served by the court. (See the upper age of the jurisdiction.) Detention hearing A hearing in which the judge decides whether the child will be detained for a criminal offence pending a court hearing. Most jurisdictions require that a detention hearing be held within forty-eight (48) to seventy-two (72) hours of the commencement of detention to determine whether continued detention is necessary. There must be a probable reason that the child committed the alleged offence before pre-trial detention is authorized.

If a probable reason is found, most jurisdictions also require proof that the child is a flight risk or a danger to himself or others, so continued detention pending a hearing is required. Informal Decision – Held when a youth admits guilt for a crime at an informal hearing for a youth. During the decision, the court`s requirements are set out in an approval order. Case rate: Number of rejected cases per 1,000 adolescents in the population. The population base used to calculate the case rate varies. For example, the population for the male incident rate is the total number of young boys aged 10 years and over who fall under the jurisdiction of the juvenile courts. (See Juvenile population.) Delinquency Petition – A petition filed by a prosecutor requesting that a juvenile be declared an “offender” by the juvenile court. A hearing will determine whether the minor is guilty. Offender – A juvenile who has committed an act considered a violation of the law solely because of his or her status as a juvenile. Some examples of status offenses include underage drinking, truancy, general maladjustment, curfew violation, and running away.

Concurrent jurisdiction – If a crime falls within the jurisdiction of both the juvenile court and the criminal court, the prosecutor is free to decide where the case will be closed. Admission decision: A decision of the juvenile court that results in the case being dealt with informally at the reception level, requested and scheduled for a court hearing or transfer. Application The indictment filed by the State with the juvenile court. The petition formally initiates juvenile proceedings alleging that a juvenile is a delinquent and describing the alleged crimes of that child. The application may request that the court declare jurisdiction over the minor or that the minor be transferred to the criminal court to be prosecuted as an adult.