This fact sheet explains how and when offenders
are referred to alternative measures and what part victims of crime may
have in an alternative measures program.
What are alternative measures?
Alternative measures are a diversion from
the court system. People sent to alternative measures will not go to court
and will not have a criminal conviction. However, they do not "get away"
with their crime and they will face consequences.
The alternative measures program is designed
to:
-
lessen involvement in the formal criminal justice system;
-
holds people responsible and accountable for their criminal acts;
-
protect society by deterring future criminal activity; and
-
involve the community and especially victims in the criminal justice process.
Consequences may include:
-
attending special information and education sessions;
-
paying money to victims for their financial losses (this is called restitution);
-
obtaining treatment or counselling for a drug or alcohol or other personal
problem;
-
completing a set number of hours of community service work;
-
sending a letter of apology to the victim;
-
keeping a curfew;
-
having no contact with certain friends and/or victims;
-
staying away from certain places; and
-
any other reasonable conditions the probation officer thinks appropriate.
Alternative measures will not be used
if the person referred does not accept responsibility for the crime and
chooses to go to court.
Serious and violent offences are excluded
from the alternative measures program.
Who refers a person to alternative measures?
The police and the Crown attorney. 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 go to alternative measures;
or
-
lay a charge and have the person appear in court.
In making this decision the police
consider factors such as:
-
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.
What role can the victim play in alternative
measures?
-
You may wish to be present when the
probation officer interviews the offender.
-
You may have suggestions about restitution,
community service work or treatment programs.
-
You may have input into the conditions
in the alternative measures agreement.
Do I have to be part of the process?
No, you may choose not to participate.
The decision is yours to make.
However, you will be:
-
contacted by a probation officer;
-
kept informed of the participant's progress; and
-
told about the outcome of the alternative measures program.
What happens if I don't agree with a referral
to alternative measures?
The decision is made by the police and
the Crown attorney. They will take your feelings into consideration but
they may still decide to refer the person to alternative measures.
For more information please contact Probation
Services, the police, Crown attorney's office, Victim Services or Community
Legal Information Association.
Victim Services telephone numbers:
Charlottetown: 368-4582, Summerside: 888-8217
This pamphlet was prepared by Community
Legal Information Association (CLIA) for Correctional Services of P.E.I.
It contains information about one area of the law only: Alternative Measures
for young offenders and adults.
It does not contain a complete statement
about the law in this area.
CLIA is a charitable organization funded
by Justice Canada, the Government of Prince Edward Island, and the Law
Foundation of Prince Edward Island.
The CLIA office is located in room 158,
1st floor Sullivan Building,
16 Fitzroy St., Charlottetown.
Phone: 892-0853 or 1-800-240-9798
Written by Ann Sherman
ISBN 0-921896-85-9
January 2001