What is diversion?
Diversion is a program which the Crown Attorney can allow an
Accused person to enter that, if successfully completed, will result in charges
against an Accused person being withdrawn.
For what offences is
diversion available?
Diversion is usually offered for offences of a minor
nature. The most commonly diverted
charges are theft of a small amount of goods and possession of small amounts of
marijuana. Those Accused of soliciting
prostitution may be offered a special form of diversion as well.
What are the
requirements of diversion?
If diversion is offered, they may be asked to complete any
number of tasks. These may include:
·
Community Service Hours.
·
A charitable donation.
·
Writing a letter of apology or short essay.
·
Participating in a classroom program about the
effects of a given offence.
Why would someone not
be offered diversion?
The Crown Attorney considers a number of things when
determining whether to offer someone diversion.
One of the two main factors is the facts of the offence. Seeing how only the most minor offences can
be diverted, if the Crown Attorney feels there are factors which aggravate the
nature of the offence then they may decide not to offer diversion. For example, offences involving theft of
items from one’s employer will often not be diverted as this is viewed as a
breach of trust.
The other major factor the Crown Attorney will consider is
the criminal history of the Accused person.
If the Accused person has a criminal record, or has been offered diversion
in the past, then they may not be offered it for offences that would normally
be diverted. The offer may also not be
made if there is a record of police contact for a similar offence without a
charge being laid.
Oftentimes a lawyer can convince a Crown Attorney to offer
diversion in cases that were initially refused.
Is early
intervention, or PARS, a diversion program?
No. These are
programs that involve entering a plea of guilty and a sentence being imposed by
a judge. The end result of diversion is
the withdrawal of the charges. Contact a
lawyer if there is any question as to whether a particular program offered is
diversion or another type of program.
Does diversion carry
a criminal record?
When the diversion program has been successfully completed
the charges will be withdrawn. The
result is there is no criminal record or finding of guilt. There will still be a record on the police
database (CPIC) that a charge was laid.
Is a lawyer necessary
when diversion is offered?
This is a very common question as the process of diversion,
in most cases, is a very simple one.
While a lawyer is not necessary in the majority of cases hiring one does
provide a few benefits. A lawyer is able
to provide some peace of mind. It is
also possible, by signing what is called a designation, to have a lawyer attend
court on behalf of an Accused person.
This is often worthwhile as it can sometimes take a number of hours for
one to have their court appearance which will always takes place during
business hours.
In cases where diversion is generally offered but was not, a
lawyer may be able to convince a Crown Attorney to offer the program. A lawyer may also be able to negotiate terms
of a diversion program that are best suited for a particular Accused person.