We received a complaint from the parent of a 16-year old about the treatment of their child during an application for the release of an impounded personal electric vehicle. The complaint alleged, among other things, that the Officer asked the child applicant questions that were confronting, personal and irrelevant to the application. In the complainant’s view, the Officer’s questioning was inappropriate because of the applicant’s age.

We listened to the audio recording of the proceeding.

We noted that an officer speaking to a young person is in a position to make the court environment less intimidating and should ensure the young person understands questions put to them and may provide additional instructions where necessary. On the other hand, an officer is entitled to ask questions regarding matters, including personal ones, set out in an application in order to assess its merits or test the veracity of evidence.

The court clerk informed the Officer that the applicant was under the age of 18 and had a parent in attendance for support. After reading the written application, the Officer asked the applicant to step into the witness box and explained to the applicant that they needed to show how their interests were substantially affected by the impoundment. The Officer asked the applicant questions about his reliance on and use of the impounded item.

We assessed the Officer’s language, tone and overall treatment of the applicant during the proceeding by reference to how a reaso able community member might perceive the conduct. We found that a reasonable community member would consider the Officer’s tone to be moderate and courteous throughout the hearing. Further, there was nothing inappropriate about the way the Officer questioned the applicant. Rather, the Officer appropriately conducted the proceeding as would be expected when dealing with a young person.

Tone, language and treatment of young people in the courtroom