In the context of the Youth Criminal Justice Act (YCJA) in Canada, access periods refer to the length of time during which certain records related to a young person’s involvement with the criminal justice system are retained and accessible. The purpose of access periods is to balance the need for rehabilitation and reintegration of young offenders with the need to protect public safety and maintain appropriate records for law enforcement purposes.
Here are the general access periods outlined in the YCJA:
How Offence Is Dealt With / Type of Offence | How Long Before Record Will Be Sealed or Destroyed? (Access Period) |
Youth is acquitted (other than verdict of not criminally responsible on account of mental disorder) | Two (2) months after the time allowed to file an appeal, or, if an appeal is filed, three (3) months after all proceedings related to the appeal are completed |
Charge is dismissed or withdrawn | After two (2) months |
Youth is found guilty and given a reprimand | After two (2) months |
Charge is stayed | After one (1) year, if no further court proceedings have been taken |
Extrajudicial sanction is imposed | Two (2) years after the young person has consented to the extrajudicial sanction |
Youth is found guilty and given an absolute discharge | One (1) year after the young person has been found guilty |
Youth is found guilty and given a conditional discharge | Three (3) years after the young person has been found guilty |
Youth is found guilty and sentenced for summary conviction offence | Three (3) years after the sentence has been completed (any subsequent offence will result in an extension) |
Youth is found guilty and sentenced for indictable offence | Five (5) years after the sentence has been completed (any subsequent offence will result in an extension) |
Murder, manslaughter, attempted murder, or aggravated sexual assault | Record may be retained indefinitely |
Certain scheduled offences | Record will be retained for an additional five (5) years |
Youth is found guilty and receives an adult sentence | Record is treated as an adult record, and the rules applicable to adult records apply. |
Person is convicted of an offence committed after he or she turns 18, while the access period for their youth offence is still open | Record for the youth offence will be treated as an adult record, and the rules applicable to adult records apply. |
For accurate and detailed information on access periods and the handling of youth criminal records under the YCJA, it is recommended to consult the specific provisions of the legislation and seek advice from legal professionals who specialize in youth justice matters – like Linh Pham.
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