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Ontario|Criminal LawYoung Offenders 781 Being tried as an adult Although normally a young offender's trial is held in Youth Court, under certain circumstances, a young offender can be tried as an adult in adult court. Being tried in adult court means that a young offender will face serious penalties under the Criminal Code, instead of those penalties under the Young Offender's Act.
- When can a young offender be transferred?
Only certain young offenders can be transferred to the adult courts. If you have been charged with a serious offence and you are at least 14 years old, your trial could be moved to adult court depending on the circumstances of your particular case. If you are 16 or 17 years old and you have been charged with murder, attempted murder, manslaughter, or aggravated sexual assault, your trial will automatically be moved to adult court unless your lawyer can convince the Youth Court judge to keep the trial in Youth Court.
Before a young offender is transferred to adult court, a hearing will be held where the Crown prosecutor and the lawyer for the young offender are given a chance to be heard by the judge. The judge will consider several factors when deciding whether to transfer a young offender to adult court, such as the seriousness of the offence, public safety, and the need to help the young offender.
If a young offender is facing transfer to adult court, he or she should be represented by a lawyer.
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