Monthly Archives: December 2014

A criminal record why is it harmful

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A lot of young people think that a youth record is not a big deal and it disappears when they turn 18. Unfortunately, that is incorrect. A youth record may disappear if you do not get into any trouble as an adult during the time period needed to have the youth record expunged depending on the charge, whether it is summary conviction or indictable and the length of probation.

If you get into trouble as an adult and are found guilty your youth record will continue with your adult charges.

Many people think I have served my time why are they bringing up an old record. Past behaviour predicts future behaviour so the court and the Crown use your record to predict whether you will follow court orders and commit further offences. A record that has many fail to comply court orders or fail to appear court/prints will make it difficult for a person to get bail.

The record will also be used to decide what is an appropriate sentence for the current offences. Usually, the court will state a penalty will be higher than one received before.

It is best not to have a youth or adult record and if you are charged to follow the conditions of your bail.

Why should someone be released on bail?

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A judge or justice of the peace can consider three important areas before deciding whether to release a person charged with a criminal offence.

One will they come to court. If there is a criminal record where someone has fail to appears or escape lawful custody convictions, or if there is a possibility of a long jail sentence the court will be concerned about whether the accused will come to court.

Second, will they get into further trouble. The court will look at a criminal record because past behaviour predicts future behaviour. If there is not a criminal record the court will look at any outstanding charges to see if past charges are similar. The court will also check whether there has been any breaches of bail or probation – that means the accused did not follow previous court orders. Another concern is whether the victim/witnesses will be harmed if the accused is released.

Third, the court will ask will the administration of justice be compromised if this person is released because of the nature of the offence, whether a firearm was used, the seriousness of the offence and the possibility of a long jail sentence.

These are the main concerns of the court and then the court looks at the person who has stepped forward to sign the bail for the accused. Do they know the accused, can they supervise and keep the accused out of trouble and will they call the police if the accused breaches her bail conditions.

These are the main concern of the court.

Update to police records check

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The Ontario government is looking at the social, economic and travel implications of the police record check to those with no criminal records see the attached article:
http://www.thestar.com/news/queenspark/2014/12/04/province_to_legislate_what_police_can_disclosure_about_innocent_ontarians.html