Youth cases proceed under the rules of the Youth Criminal Justice Act (YCJA) rather than the Criminal Code, but early mistakes can easily limit your legal options down the line.

Julia Hunter leads our practice.  For Victoria families navigating youth charges, we see every youth case as a chance to protect a young person’s future, not just respond to a charge.

Here is what our team brings to your case:

  • 40+ years of criminal defence experience across our team.
  • A track record of 75+ 5-star reviews from clients we’ve worked with.
  • Recognition as the winner of the Consumer Choice Award for Best Criminal Defence Firm in Victoria.

We’re available 24/7 if you need to reach us after an arrest. Criminal defence is all our team handles, so your case gets our full attention from the first call.

Your child has been accused of an offence. What next?

A few decisions early in the case can shape how the rest of it goes:

  1. Do not let your child give a statement alone. A young person has the right to speak first with a lawyer and a parent. Insist on both before anything is said.
  2. Write down what you know. Note the time of arrest, the investigating officers’ names, and what they told your child. These details fade fast from memory.
  3. Call us as soon as possible. We can often speak with the Crown about non-criminal measures before they charge your child.

Acting on these steps early keeps more options open for your child’s case.

Contact us for a free, no-obligation consultation.

How is a youth offence different from an adult charge?

The Youth Criminal Justice Act governs the prosecution of youths. However, all crimes under the Criminal Code of Canada can apply to young offenders.

The police and the Crown must consider less formal responses for anyone aged 12 to 17 accused of a crime.

These are known as extrajudicial measures, and they include:

  • A warning or informal caution from police.
  • A referral to a community program or agency.
  • An extrajudicial sanction. This is a more structured program involving things like an apology or community service.

A young person must accept responsibility to take part in these options, though this is not the same as pleading guilty in court. For many first-time or lower-level charges, this route avoids a criminal record entirely.

How can we help after a youth arrest in Victoria?

We can help protect the child’s future at each stage of a youth case:

STAGE WHAT HAPPENS HOW WE HELP
Arrest and parental notice Police must make reasonable efforts to notify a parent or guardian after an arrest. This applies across all local police services, including Victoria, Saanich, and Oak Bay. We speak with your family right away to explain what comes next.
Release conditions Most young people are released with conditions rather than held for a bail hearing. Serious allegations can, however, lead to detention. We push to keep any conditions no stricter than the law requires.
Possible custody Detention before trial or after sentencing means time in secure custody. BC's only youth custody centre is now in Burnaby, following the closure of the Victoria facility in 2014. We push hard for release rather than a transfer off the island.
First appearance The case is first called in youth court. Victoria hears most cases in courtroom 203 at the Victoria Law Courts on Burdett Avenue, on alternating Tuesdays. We can often appear on your child's behalf at this stage.
Resolution or trial The case is resolved outside court, or proceeds to a full hearing at the same Burdett Avenue courthouse. We pursue extrajudicial measures, a withdrawal, or a negotiated resolution if the facts support it. We prepare for trial if they do not.

Every stage is less stressful for parents and the child when a lawyer is on your side.

Julia Hunter’s background includes time with the Alberta Crown Prosecution Service. That gives her insight into how the Crown approaches youth files. This can be important when building a child’s defence.

What defences apply to youth offence charges?

Youth offences are as varied as adult offences. The defence we use depends on the facts, but other options exist compared to adult cases.

These are some common approaches we look at first in youth cases:

  • Challenging the arrest or statement. If the police did not properly inform your child of their rights, the judge may exclude evidence.
  • Questioning intent. The Crown must prove your child meant to commit the offence, not just that they were present.
  • Pushing for extrajudicial measures. Where the offence qualifies, we advocate for an entirely out-of-court resolution.
  • Charter challenges. Searches of a young person, their belongings, or their phone must still follow the law.

We build each defence around your child’s specific circumstances.

What happens if a young person is convicted?

Most youth cases resolve without harsh outcomes, especially with an early, well-prepared defence.

If the case does proceed and the child is convicted, the following consequences may apply:

  • A youth record. This is sealed after a set access period. It cannot be used to identify your child as an offender. Periods range from 1 year for an absolute discharge to 5 years for an indictable conviction.
  • Custody. This means time in a secure or open youth facility rather than a community-based sentence. That only happens if one of the following applies:
    • The youth commits a violent offence.
    • There is a repeated pattern of breaches that put public safety at risk.
    • The offence is indictable and is paired with a prior record.
  • An adult sentence. This means the young person faces adult sentencing rules rather than youth rules. It only applies if the Crown applies and a judge agrees. This is usually for offences that carry more than a two-year sentence for an adult and are committed at age 14 or older.

A publication ban normally stops the media from naming a young person involved in a criminal case. It lifts only if the young person receives an adult sentence, or a judge orders it to help find a young person considered a danger to others.

Testimonials

Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.

“Truly cares about you and your case”

“If you want a lawyer who truly cares about you and your case, someone who will stand by you from beginning to end, Julia is the one you can trust. I’m deeply grateful for everything she has done for me.”

H.T.

“Exceptional legal services”

“I am incredibly grateful for the exceptional legal services provided by Ms. Hunter. From our very first meeting, she impressed me with her professionalism, deep knowledge of the law, and genuine compassion for her clients.”

B.R.L.B.

“Empathy and support”

“Julia was not only highly knowledgeable in her area of expertise but, more importantly, she was there for me with empathy and support every step of the process. Her kindness and reassurance found their way to justice. Thank you for all you do to make the world a better place, Julia!”

T.K.

Frequently asked questions

Not necessarily. Many youth charges resolve through extrajudicial measures, which avoid a record entirely. Even a conviction under the Act creates a youth record, not an adult one. It is sealed after a set period.

Parents do not have to attend every appearance. The Act requires police to try to notify them after an arrest. A judge may ask about parental involvement as the case goes on, and their attendance may help the defence.

Only for the most serious offences, and only if the Crown applies and a judge agrees. This is rare and does not apply to the vast majority of youth charges.

A sealed youth record generally will not appear on standard background checks once the access period ends. Avoiding a formal conviction in the first place gives the clearest path to a clean slate.

Contact us for a free, no-obligation consultation.

Verified By:  Julia Hunter, Criminal Defence Lawyer

Last Modified: September 14, 2026

Julia Hunter is a senior criminal defence lawyer at Strategic Criminal Defence in Victoria, BC. She has appeared at every level of court in British Columbia and has defended clients on assault, impaired driving, theft, break and enter, and sexual offence charges. Before moving to defence work, she trained with the Alberta Crown Prosecution Service and the Specialized Prosecutions Branch, giving her direct insight into how the Crown builds its case. Julia holds a Law Degree with Honours from Queen’s University Belfast.