In September 1996 the use of Alternative Measures for adults was authorized by the Attorney General of Prince Edward Island. This adult program is like the one in place for young people since 1984. 

This pamphlet explains how and when people are referred to the alternative measures program and what an alternative measures program may include.
 

What are alternative measures?
Alternative measures are a diversion from the court system. Being sent to alternative measures means that an individual will not usually go to court and will not have a criminal record. However, if the person is charged with a criminal offence in the future, there will be a record of their involvment in an alternative measures program.

The alternative measures program is designed to:

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

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 a warning and take the case no further; 
•  recommend to a Crown attorney that the person be dealt with by alternative measures; or 
• lay a charge and have the person appear in court. 

In making this decision the police take into consideration:

•   the seriousness of the offence;
•  any previous involvement in the criminal justice system; 
•  the feelings of the victim(s); and
•  the attitude of the alleged offender.

Alternative measures will not be used in cases where the person believes that he or she is innocent or chooses to go to court. 

People have the right to speak with a lawyer, before giving a statement to the police, when questioned about or charged with a criminal offence, or considering whether to take part in an alternative measures program. 

How is a recommendation for alternative measures made?
The police send the recommendation and information about the offence to the Crown attorney. The Crown attorney prosecutes cases against people charged with an offence and must agree with the referral before a case is officially sent to alternative measures.

Who runs the alternative measures program?
Probation Services is responsible for alternative measures programs. A probation officer contacts people referred to the program to arrange for a personal interview and informs them about their right to speak with a lawyer.  When young people are referred to alternative measures, the probation officer will also contact their parents, guardians or care givers. 

The probation officer usually speaks to the police officer who investigated the offence to discuss the circumstances in which the crime occurred or reviews a fact sheet prepared by the police. The probation officer will also speak to the victim and, if the victim agrees, may arrange for the victim to be present during an alternative measures interview.

At the first meeting the probation officer will look at the circumstances of the crime, hear from the person referred to the program (the participant) and from the victim (if the victim is present). The probation officer will assess the participant's attitude to the crime and look at what conditions and terms could be included in the alternative measures agreement.  Parents, guardians or care givers of young people will be asked to come to this interview.

If the probation officer decides that alternative measures are not appropriate in a case or if the participant decides not to take part in an alternative measures program, the information will be sent back to the Crown attorney for further action. The case may then go through the regular criminal justice process and the alleged offender given a date to appear in court.

If the probation officer decides that alternative measures are appropriate in a case an agreement will be written up that the participant will be asked to sign. (He or she may be asked to suggest ideas or conditions that could be included in this agreement.) The agreement will outline the terms and conditions of the alternative measures program which could include any of the following:

• attending special information and education sessions;
• payment to victims of your crime to cover 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.

For how long do alternative measures last?
Most alternative measures programs last less than six (6) months depending on the case and compliance with the conditions. If the participant doesn't meet all the obligations of the program it may be extended for up to nine (9) months in total.

What happens when alternative measures are finished?
Once all the work or conditions of an alternative measures program are completed to the satisfaction of the probation officer a termination summary is sent to the participant, the Crown attorney, the police, senior probation officer, the victim(s) if appropriate and the record keeping system. If charges were laid they will be withdrawn or stayed. 

Once two years have passed after the completion of the program and, if the participant has no more involvement in the criminal justice system, access to the record will be limited. If there is another charge in the future, the fact that the person was involved in alternative measures cannot be introduced into evidence. However if he or she goes to court and is sentenced for a new offence the record of alternative measures can be included in a pre-sentence report.

If the alternative measures program is not completed or if conditions set out in the alternative measures agreement are broken, the case will go back to the Crown attorney who will decide whether to go ahead with the charge(s) and take the alleged offender to court. 
 
 

Community Legal Information Association of Prince Edward Island Inc. is a charitable organization funded by Justice Canada, the Government of Prince Edward Island, the Law Foundation of Prince Edward Island and other sources.  CLIA provides Islanders with useful, understandable information about the law and our justice system.

The CLIA office is located in room 158, first floor of the Sullivan Building, 
20 Fitzroy St., Charlottetown.
Phone: 892-0853 or 1-800-240-9798.
You may support CLIA by volunteering, becoming a member or by making a donation. charitable registration number: 118870757RR001