YCJA Summary Offence Prosecution (Accused) - Section 31 Responsible Person Custody Alternative

The Process at a Glance: The process starts by reviewing whether the Crown satisfies the section twenty-nine gateway criteria for detention. If met, counsel identifies a willing responsible person. Counsel vets and briefs the supervisor on their potential two-year jail exposure under section one hundred and thirty-nine for failure to supervise. Both the youth and supervisor sign statutory undertakings, and counsel presents the release plan at the bail hearing. If the arrangement later breaks down, counsel manages section thirty-one subsection four relief applications.

Key Legislation and Case Law: Governed by section thirty-one of the Youth Criminal Justice Act. Key sections include section thirty-one subsection one for responsible person requirements, section one hundred and thirty-nine subsection one for supervisor criminal liability, and section thirty-one subsection four for relief processes. Refer to the Youth Criminal Justice Act (Justice Laws Portal) for legislative text.

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