Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"

The diversion process does not directly affect the ordinary procedure for remand and fixing a trial date. There is nothing inconsistent with fixing a trial date and writing a letter of application for diversion. Some judges think they should not grant adjournment “for the purpose of considering diversion,” since technically the diversion process is separate and apart from the court process. Therefore, although a pending application for diversion can be used as partial justification for applying for an adjournment, that application may not be successful and one should be prepared to move the court process forward at the same time as he or she is pursuing a diversion request. See [[Diversion Application and Sample Letter (1:App B) | Appendix B: Diversion Application and Sample Letter]] for an example of an application for diversion.

A  peace  bond  is  a  court  order  requiring  a  specific individual  to  "keep  the  peace  and  be  of  good behaviour". A peace bond is not a conviction or a guilty plea; however, a peace bond can restrict the client’s  liberty.  Under  section  810  of  the ''Criminal  Code'' the accused  enters  into  a  recognizance  with conditions; in addition to requiring that the recipient to "keep the peace and be of a good behaviour", a peace  bond  will  also  set  out  specific  conditions  intended  to  protect  a  person  or  a  specific  type  of property, such as, not to contact certain persons and/or not to attend a certain address or area. These conditions can last up to one year, and the length of the term can be negotiated with Crown. Although a peace bond is not itself a criminal conviction, breaching a peace bond is a separate criminal offence.