The Alternative Measures Program is designed to divert individuals from the criminal court system while still holding accused persons responsible for their actions. An accused individual must be recommended for the Alternative Measures Program by either a police officer or the Crown attorney. This can occur before or after a formal charge has been laid against an individual.
The Crown attorney and police officers often consider a number of factors in determining whether or not to refer an individual to the Alternative Measures Program. Some common factors considered include whether or not the individual has a previous criminal record, the nature and seriousness of the criminal charge, the circumstances of the criminal charge, the individual's attitude, as well as the wishes of the victim(s) involved. In Prince Edward Island, the Alternative Measures Program is not available for certain criminal offences. For example, individuals facing impaired driving criminal charges would not be qualified for the program.
When an individual is given a referral to the Alternative Measures Program, he or she must be willing to accept responsibility for the criminal charge. The individual must enter into an Alternative Measures agreement and must follow certain terms and conditions to satisfactorily complete the program. Conditions will vary from case to case, but some common examples include writing a letter of apology to the victim(s), paying an amount of restitution to the victim(s) and keeping the peace and being of good behaviour. It is important to note that even though there is an acknowledgment of responsibility by the accused in entering into the Alternative Measures agreement, if the accused later ends up in court for the offence, the acknowledgment of responsibility cannot be used against him or her as evidence. The acknowledge of responsibility is not a guilty plea.
As part of the Alternative Measures Program, a date will be selected by which the conditions of the Alternative Measures agreement must be completed. If the conditions of the agreement have not been completed, the Crown attorney may proceed to prosecute the accused for the alleged criminal charge. If the conditions have been met, and the Alternative Measures Program has been completed, the Crown will stay or withdraw the criminal charges against the accused. As a result of the completion of the program, there would be no period of incarceration or fine associated with the offence, and there would be no criminal record. While there would be no criminal record, there would be a record of the individual's involvement in the matter available to justice officials for a period of two years from the date the individual entered into the Alternative Measures agreement. After two years, the record of involvement becomes unavailable to justice officials.
While it is up to the Crown attorney or police officers to recommend an individual to the Alternative Measures Program, an accused individual or his/her criminal defence lawyer can discuss with the Crown attorney options for diverting the matter out of the criminal court system. However, the decision will be made by the Crown attorney or police officers on whether or not the program is appropriate in the circumstances.
If an individual is facing criminal charges, it is always a good idea to consult with a criminal defence lawyer to discuss the best options for the protection of his or her interests. Campbell Lea offers experienced advice and representation in all areas of criminal law.
If you have been charged with a criminal offence or wish to learn more about any aspect of criminal law, including the Alternative Measures Program, please call the Campbell Lea office at 902-566-3400
The Crown attorney and police officers often consider a number of factors in determining whether or not to refer an individual to the Alternative Measures Program. Some common factors considered include whether or not the individual has a previous criminal record, the nature and seriousness of the criminal charge, the circumstances of the criminal charge, the individual's attitude, as well as the wishes of the victim(s) involved. In Prince Edward Island, the Alternative Measures Program is not available for certain criminal offences. For example, individuals facing impaired driving criminal charges would not be qualified for the program.
When an individual is given a referral to the Alternative Measures Program, he or she must be willing to accept responsibility for the criminal charge. The individual must enter into an Alternative Measures agreement and must follow certain terms and conditions to satisfactorily complete the program. Conditions will vary from case to case, but some common examples include writing a letter of apology to the victim(s), paying an amount of restitution to the victim(s) and keeping the peace and being of good behaviour. It is important to note that even though there is an acknowledgment of responsibility by the accused in entering into the Alternative Measures agreement, if the accused later ends up in court for the offence, the acknowledgment of responsibility cannot be used against him or her as evidence. The acknowledge of responsibility is not a guilty plea.
As part of the Alternative Measures Program, a date will be selected by which the conditions of the Alternative Measures agreement must be completed. If the conditions of the agreement have not been completed, the Crown attorney may proceed to prosecute the accused for the alleged criminal charge. If the conditions have been met, and the Alternative Measures Program has been completed, the Crown will stay or withdraw the criminal charges against the accused. As a result of the completion of the program, there would be no period of incarceration or fine associated with the offence, and there would be no criminal record. While there would be no criminal record, there would be a record of the individual's involvement in the matter available to justice officials for a period of two years from the date the individual entered into the Alternative Measures agreement. After two years, the record of involvement becomes unavailable to justice officials.
While it is up to the Crown attorney or police officers to recommend an individual to the Alternative Measures Program, an accused individual or his/her criminal defence lawyer can discuss with the Crown attorney options for diverting the matter out of the criminal court system. However, the decision will be made by the Crown attorney or police officers on whether or not the program is appropriate in the circumstances.
If an individual is facing criminal charges, it is always a good idea to consult with a criminal defence lawyer to discuss the best options for the protection of his or her interests. Campbell Lea offers experienced advice and representation in all areas of criminal law.
If you have been charged with a criminal offence or wish to learn more about any aspect of criminal law, including the Alternative Measures Program, please call the Campbell Lea office at 902-566-3400
