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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| − | {{Template:Legal Help Guide TOC}}Police forces 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. | + | {{Template:Legal Help Guide TOC}}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 | + | 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. |
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== What happens next == | == 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, you will not get a criminal conviction. If you don't, your case could go to court. | + | 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 (or youth) offence and have to go to court|I've been charged with a criminal offence and have to 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 (or youth) offence and have to go to court|I've been charged with a criminal offence and have to go to court]]". | ||
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See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are: | 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. | * [[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]], [[Private Bar Lawyers]]. | + | * [[Access Pro Bono]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], an d[[Private Bar Lawyers]]. |
| − | * Clicklaw common question [http://www.clicklaw.bc.ca/question/commonquestion/1035 "How does diversion work and how can I get it?"] | + | * The Clicklaw common question [http://www.clicklaw.bc.ca/question/commonquestion/1035 "How does diversion work and how can I get it?"] |
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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. | ||
{{Template:Legal Help Guide Disclaimer}} | {{Template:Legal Help Guide Disclaimer}} | ||
{{Template:Legal Help Guide Navbox|type=problems}} | {{Template:Legal Help Guide Navbox|type=problems}} | ||
Revision as of 06:55, 30 December 2011
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[edit]
- 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".
- Tell the person offering diversion, restorative justice or alternative measures whether or not you accept the offer.
What happens next[edit]
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[edit]
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.
 |
This Guide explains the law and legal procedures in general. It is not intended to give legal advice on your particular legal problem, and should not be relied on for that purpose. Information in this Guide is accurate as at November 2012. Please note that fees and guidelines outlined in the Guide are subject to change. |
