Judicial Interim Release (Bail)
In making a decision about bail, a youth court judge considers the same principles that apply to bail decisions involving adults. That means you will only be kept in custody before the trial if necessary. Reasons include:
- to make sure you show up at court hearings;
- for the protection and safety of the public; and/or
- to maintain confidence in the administration of justice.
For youth, the court must consider some other factors, such as:
- If a youth is kept in custody, they must be held separately from adult offenders.
- A youth must not be detained as a substitute for appropriate child protection, mental health or other social measures.
- The court will assume it is necessary to keep a youth in custody for the protection and safety of society only if they have committed a violent offence, failed to comply with community sentences or have committed a more serious (indictable) offence for which an adult could receive more than two years in jail or has a history indicating judges found the youth guilty of previous offences.
- A youth court judge must also consider whether someone is available to act as a responsible person in whose care the youth may be placed instead of being held in custody.
Before deciding whether to release a youth, the court may ask a youth probation officer to gather information about other options. The court may also refer the youth to child protection authorities or order that psychological or medical reports be prepared.
More Information
For more information about being arrested, please visit: If You Are Arrested – Accused.
