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

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m (Desy moved page I've been accused of a criminal offence and have been offered "diversion", "restorative justice" or "alternative measures" to [[I've Been Accused of a Criminal Offence and Have Been Offered "Diversion", "Restorative Justice" or "Alt...)
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{{Template:Legal Help Guide TOC}}Police forces and Crown prosecutors sometimes choose to deal with <span class="noglossary">minor</span> criminal charges and first-time offenders outside of the court system through ''diversion'' or ''restorative <span class="noglossary">justice</span>''. Diversion is a program of community supervision by a probation office. In restorative <span class="noglossary">justice</span>, offenders are encouraged to take responsibility for their actions, to repair the harm they've done, and victims take an active role in the process. The range of options in a diversion program or through restorative justice include making an apology to the victim, doing community service, and taking part in counselling programs.
{{Template:Legal Help Guide TOC}}Police forces and Crown prosecutors sometimes choose to deal with <span class="noglossary">minor</span> criminal charges and first-time offenders outside of the court system through alternative measures. These alternative measures are often called ''diversion'' or ''restorative <span class="noglossary">justice</span>''. Diversion is a program of community supervision by a probation office. In restorative <span class="noglossary">justice</span>, offenders are encouraged to take responsibility for their actions, to repair the harm they've done, and victims take an active role in the process. The range of options in a diversion program or through restorative justice might include making an apology to the victim, doing community service, and taking part in counselling programs.


If you are charged with a criminal offence, you may <span class="noglossary">contact</span> the office of Crown Counsel (the government prosecutor) and ask to be considered for diversion or alternative measures. In some cases, Crown Counsel may <span class="noglossary">offer</span> you these sorts of programs to you even if you don't apply. You <span class="noglossary">will</span> be referred to a local or regional service — often a probation office — which <span class="noglossary">will</span> supervise the alternative measures. The measures <span class="noglossary">will</span> be similar to those under diversion or restorative <span class="noglossary">justice</span>.
Alternative measures are usually used for property crimes and offences that do not include violence. Some examples of where diversion may be appropriate include mischief, theft under $5,000, or other offences involving property.
 
If you are charged with a criminal offence, you may <span class="noglossary">contact</span> the office of Crown Counsel (the government prosecutor) and ask to be considered for diversion or alternative measures. In some cases, Crown Counsel may <span class="noglossary">offer</span> you these sorts of programs to you even if you don't apply. If you have a minor, dated criminal record from a past offence, you may still be eligible.
 
You must be willing to take responsibility for your part in the criminal offence. If you cannot take responsibility – for example, if you weren't the one who caused the damage or weren't there when it happened – you <span class="noglossary">will</span> probably have to go to trial to tell a Judge your side of the case.
 
Crown Counsel <span class="noglossary">will</span> refer you to a local or regional service — often a probation or community corrections office — which <span class="noglossary">will</span> supervise the alternative measures, whether restorative justice or diversion.


== First steps ==
== First steps ==
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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.
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.


{{REVIEWED | reviewer = [[Lisa Helps|Lisa J. Helps]], February 2016}}
{{REVIEWED | reviewer = [[Lisa Helps|Lisa J. Helps]], May 2017}}


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