What is the Period of Access?
The period of access is the length of time a youth record is available for persons enumerated under section 119(1) to access and view. Youth records are drastically different from adult records. Due to a young person’s presumed diminished moral blameworthiness, it is not in the Court’s interest to impose criminal records that may affect a youth’s entire future.
If the young offender is dealt with via an extrajudicial measure or sanction, the police will also keep a record that can be available for access. The period of access may last from two months to five years, depending on the circumstances of the youth. For example, the record will be sealed two months after an acquittal. However, if a person is convicted and sentenced, the record will be sealed five years after the end of the sentence.
Can the Court Order a Young Person to Provide a DNA Sample?
Yes, the Court can order a young person to give a DNA sample. The Court may not need to make this order if the interests of the young person’s privacy supersede that of the public interest. However, if the young person commits a crime that is a primary designated offence, the Court may order a DNA sample when the person is either sentenced or discharged.
A DNA sample is important for the protection of society and the proper administration of justice through the early detection, arrest, and conviction of offenders. They are used to deter potential repeat offenders, promote the safety of the community, detect when a serial offender is at work, assist in solving cold crimes, streamline investigations, and exonerate those who have been wrongfully accused. Primary designated offences make sexual and violent offences subject to a mandatory DNA order. Such offences include: sexual interference, sexual exploitation, assault causing bodily harm, manslaughter, murder, and many more.