I've Been Accused of a Criminal Offence and Have Been Offered "Diversion", "Restorative Justice" or "Alternative Measures"

Police forces and Crown prosecutors sometimes choose to deal with minor criminal charges and first-time offenders outside of the court system through diversion or restorative justice. These are usually offered through local or regional community organizations.

If you are charged with a criminal offence, Crown Counsel (the government prosecutor) may offer you alternative measures. You will be referred to a local or regional service - often a probation office - which will supervise the alternative measures. The measures will be similar to those under diversion or restorative justice.

First steps

1. Decide if you are prepared to accept responsibility for what happened. This does not mean you are agreeing that you are guilty of a crime, just that you did something wrong and are prepared to accept the consequences. If this decision is difficult for you, you should get some advice from a criminal lawyer. See below under "Where to get help".
2. Tell the person offering diversion, restorative justice or alternative measures whether or not you accept the offer.

What happens next

If you agree to the offer, you may be expected to attend a meeting with the victim of your act and a facilitator. At the end of the meeting, you may be asked to agree to apologize to the victim and/or pay restitution (a sum of money paid to the victim for loss or damage) and do some community service work, such as stacking books at the library, mowing lawns or picking up garbage around public buildings. If you fulfill your obligations within the timeframe you are given, you will not get a criminal conviction. If you don't, your case could go to court. If you do not agree to diversion, restorative justice or alternative measures, you may choose to face the charges in court. See above under the heading, "I've been charged with a criminal offence and have to go to court".

Where to get help

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

• Criminal duty counsel, for assistance on the day you have to appear in court.
• Access Pro Bono, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, an dPrivate Bar Lawyers.
• The Clicklaw common question "How does diversion work and how can I get it?"

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

A person who is younger than the legal age of majority, 19 in British Columbia. Not to be confused with "miner," which means something else altogether. See "age of majority."

A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.

In contract law, the expression, either orally or in writing, of a willingness to be bound by a proposed agreement, contract, or settlement. See "offer to settle."

In law, a phrase used to indicate secondary relief or a secondary ground of relief in a claim or application, usually presented as an option to the primary relief or primary ground of relief sought. For example, "I'd like to have all of the house but, in the alternative, I'll take half." See “motion," “pleadings," and “relief."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.