I've been referred to alternative measures, what does this mean?
Alternative measures are a diversion from the court system. Being sent to alternative measures means that you will not have to go to court and you will not have a criminal conviction.

The alternative measures program is designed to:

•          lessen your involvement in the formal criminal justice system;
•          hold you responsible and accountable for your criminal acts;
•          protect society by deterring you from future criminal activity; and
•          involve the community and especially the victim in the criminal justice process.

Why was I referred to alternative measures?
Once the police are satisfied that an offence happened and they know who is responsible for it, they have three choices about how to proceed. They may: 

•          give you a warning and take the case no further;  
•          recommend to a Crown attorney that you go to alternative measures; or 
•          lay a charge and have you appear in court. 

In making this decision the police look at factors such as:

•          the seriousness of the offence;
•          your previous involvement in the justice system; 
•          the feelings of the victim(s); and
•          your attitude about the offence.

Alternative Measures will be considered for you if you accept responsibility for the offence and if, after hearing about alternative measures, you agree to take part in the program.

Alternative measures will not be used in your case if you believe that you are innocent and choose to go to court. 

You have a right to speak with a lawyer, before you give a statement to the police, when you are questioned about or charged with a criminal offence. 

It is a good idea to talk with a lawyer before agreeing to participate in an alternative measures program. A lawyer will explain to you the consequences of agreeing to alternative measures. 

Who runs the alternative measures program?
Probation Services is responsible for alternative measures programs. The probation officer responsible for your case will speak to the victim of your offence and may arrange for the victim to be present during your alternative measures interviews. The probation officer will usually also speak to the police officer who investigated your offence to ask about the circumstances.
 
At the first meeting the probation officer will look at the circumstances of the offence, hear from you and possibly from the victim. The probation officer will also assess your attitude to the offence and discuss the conditions and terms that could be included in your alternative measures agreement. If you are a young offender, a parent or guardian will be asked to come with you to this interview.

If the probation officer decides that alternative measures are not appropriate in your case or if you decide that you don't wish to take part in an alternative measures program, the information will be sent back to the Crown attorney for further action. Your case will then go through the regular criminal justice process and you will be given a date for your first appearance in court.

If the probation officer decides that alternative measures are appropriate in your case an agreement will be written up that you will be asked to sign. You may be asked to suggest ideas or conditions that could be included. The agreement will outline the terms and conditions of your alternative measures program and could include any of the following:

•          attending special information and education sessions. 
•          payment to victims for their out-of-pocket expenses (this is called restitution); 
•          treatment or counselling for a drug or alcohol or other personal problem;
•          completion of a set number of hours of community service work;
•          sending a letter of apology to the victim(s);
•          keeping a curfew (being in your residence by a certain time at night);
•          having no contact with certain friends and/or victims; and
•          staying away from certain places.

Other conditions may be added if the probation officer thinks they are needed.
Sometimes you may be asked to pay a fee to take part in special information and education sessions.

For how long will I be on alternative measures?
Most alternative measures programs last less than six (6) months depending on your case and how you comply with the conditions. It may be extended for up to nine (9) months in total.

What happens when I've finished alternative measures?
A termination summary is sent to you, the Crown attorney, the police, senior probation officer, the victim(s) if appropriate and the record keeping system. If charges were laid against you they will be withdrawn or stayed. 

Once two years have passed and, if you have no more involvement in the criminal justice system, your record will be sealed (this means that access to the record will be limited). If you reoffend at any time the fact that you were involved in alternative measures cannot be introduced into evidence. However if you go to court and are sentenced for a new offence your alternative measures can be included in a pre-sentence report.
 
And if I don't finish...?
If you don't complete the alternative measures program or if you break any of the conditions set out in your alternative measures agreement, your case will go back to the Crown attorney who will decide whether to go ahead with the charge(s) and take you to court.