Adult Alternative Measures Program. Alberta Justice. EFFECTIVE DATE: October 2. It depends on how in-depth the security check is. Records for Alternative Measures for Adults (Diversion Programs) are not entered into the CPIC (Canadian Police Information Centre) system. The way it works is that the. The Government of Canada has measures in place to ensure that Canadians continue to receive services and benefits during periods of Canada Post service disruption. REVIEW DATE: December 6, 2. Offence of obtaining, or communication for the purpose of obtaining, sexual services for consideration added to eligible offences; formatting changes, minor grammatical edits, updated to correct name of ACPSSUBJECT: ADULT ALTERNATIVE MEASURES PROGRAMBACKGROUNDThe use of this program must comply with the statutory requirements set out in section 7. Criminal Code. In particular, the measures may be used only if not inconsistent with the protection of society. The person who considers whether to use alternative measures must be satisfied that they are appropriate having regard to the interests of society, the needs of the alleged offender, and the interests of the victim. The alleged offender must fully and freely consent to participate in the program after being informed of the alternative measures and before consenting advised of the right to be represented by counsel. Alternative measures may not be used if the person expresses the wish to have any charge dealt with by the court. The person seeking entry to the program must accept responsibility for the act or omission that forms the basis of the offence. If the person denies participation or involvement in the commission of the offence, then the alternative measures program may not be used. There must, in the opinion of the Attorney General or the Agent of the Attorney General, be sufficient evidence to proceed with the prosecution. The prosecution must not in any way be barred at law. Please note that matters under the Firearms Act are under the jurisdiction of the Public Prosecutions Service of Canada not the Alberta Crown Prosecution Service. Police Discretion with Young Offenders. Previous Page; Table of Contents; Next Page; II. A Descriptive Profile. Alternative measures may be used to deal with a person who is alleged to have committed an offence, but only if it is not inconsistent with the purposes of this Act to do so and the following conditions are met. Alternative Measures Programs Of Essex County, 3640 Wells Under the Alberta Adult Alternative Measures Program, a series of offences that occur out of the same incident, e. Offences involving an attempt or being an accessory qualify if the substantive offence qualifies. OFFENDER CRITERIAAll first time adult offenders who are alleged to have committed any of the above eligible offences may be diverted by way of the Alberta Adult Alternative Measures Program from the traditional court system unless there is sufficient reason why program participation is inappropriate, or the offender has received a young offender custody disposition within the preceding 2. All second time adult offenders who are alleged to have committed any of the above eligible offences may be diverted by way of the Alberta Adult Alternative Measures Program from the traditional court system if at least two years have elapsed since a previous finding of guilt or participation in the program, unless there is sufficient reason why program participation is inappropriate. Particular attention shall be paid to the cases of Aboriginal offenders to ensure that no systemic barriers preclude Aboriginal offender program referrals. The individual circumstances of an Aboriginal offender should be considered in the context of the distinct situation of Aboriginal persons in Canada. POLICE NOTIFICATION TO THE CROWNIt is anticipated that the majority of diversions from the formal justice system will take place as the result of the police referring the matter to the Crown via the notification form with a recommendation that the matter be dealt with by using alternative measures. In some cases, even though the Police wish to recommend alternative measures as an appropriate way to deal with the offence, they cannot do so because the statutory criteria has not been met e. These circumstances sometimes change after the charge has been laid, particularly where defence counsel has had an opportunity to review the case. In cases where an alleged eligible offence has been committed police may lay charges, refer the accused to the Alberta Adult Alternative Measures Program by sending a request to the local Chief Crown Prosecutor. In cases where charges are laid for offences under sections 1 or 2 of the offence eligibility criteria or where the police make a recommendation for alternative measures, police should complete Section A of the notification form (J 2. Crown, along with the occurrence report and a list of previous findings of guilt, and prior program involvement, in all cases where the adult offender meets the program eligibility. If the police believe the offender is not a suitable candidate for the Adult Alternative Measures Program they must indicate the reasons on the notification form. This does not apply to police consideration of exceptional cases under sections 3, 4, and 5 of the offence criteria. In such a situation if the police do not believe exceptional circumstances exist they need not send a notification form to the Crown. This is necessary to assist the Crown in reviewing all adult files that meet the eligibility criteria, whether or not there is a police recommendation to divert. Police may, of course, still lay charges notwithstanding that the matter has been referred to the Crown, in cases where the police are not recommending alternative measures. The police will be informed of the Crown decision with respect to diversion in accordance with the method determined agreed to by the local Crown office and the local police. As well, should the adult offender fail to satisfactorily complete the alternative measures program, the Crown may request the police to proceed with the laying of charges. Corrections Division will produce and distribute the notification form, which is used by Corrections, the Crown, and the police. POLICE DISCRETIONThe Adult Alternative Measures Program is not intended to replace the right of peace officers to exercise their discretion whether to lay a charge when they have sufficient evidence of the commission of an offence. Police in some minor cases may be content to end the matter with a warning and not refer the matter to the Crown for alternative measures consideration. The community is long familiar with this type of action. Participation in the Adult Alternative Measures Program is not always the answer. THE ROLE OF THE CROWN Approval of entry to the program is at the discretion of the Crown prosecutor who reviews the case. The Crown is, in essence, the gatekeeper of the program. It is expected that the majority of decisions to divert will originate with a police referral. If a specific case within sections 1 and 2 of the offence criteria is brought to the Crown. If a specific case within sections 3, 4, and 5 of the offence criteria is brought to the Crown's attention by the police, the Crown will review the case to decide whether or not to divert to the program. A prosecutor who conducts such a review will note his/her decision as to diversion on the file. The Crown should consider consulting with the police in cases where the police have not recommended the use of the program and the Crown is considering using the program. If a charge has already been laid and the Crown decides to divert by the program, the Crown will request an adjournment of the matter to a date certain, which is at least four months later. Unless Corrections Division has notified the Crown on or before that date, that the program has not been completed successfully, the Crown may assume that the program has been completed successfully and request the charge be withdrawn. EXCEPTIONAL CIRCUMSTANCESA Chief Crown Prosecutor or an Assistant Chief Crown Prosecutor designated by the Chief Crown Prosecutor may, where not inconsistent with the protection of society, in exceptional circumstances, authorize entry into the program where the Offence Criteria or Offender Criteria have not been met. However, under no circumstances shall cases involving serious violence be referred to the program. In assessing whether exceptional circumstances exist that might make court proceedings inappropriate, account should be taken of the individual circumstances of an Aboriginal offender in the context of the distinct situation of Aboriginal persons in Canada. In assessing whether exceptional circumstances exist that might make court proceedings inappropriate, account should be taken of mental illness or disability of the offender. This exceptional circumstances provision need not be used for exceptional cases referred by the police without a charge being laid under sections 3- 5 of the Offence Criteria but can be used for these offences after a charge has been laid. CROWN RECORD KEEPINGPrimary record keeping for alternative measures will be done on JOIN. The Crown is responsible for entering the approved program referrals. They will not enter those cases which are rejected. The alternative measures function will be used to create a . The basic case information, accused and charge, are recorded. A final disposition of . This will be done at the time of initial data entry. Offenders, who do not successfully complete their Alternative Measures Agreement and are referred back to the Crown, will be identified as . In such a situation, the originally entered alternative measures case will be used to update the system with a . It is used to capture the basic case, accused, and charge information associated with an accepted Alternative Measures Program referral. It is also used to maintain the Adult Alternative Measures disposition (such as . An Adult Alternative Measures Agreement will be negotiated with the offender with a view to the offender. The conditions of this Agreement will not be more onerous than those which it is expected would have been imposed by the court. Every effort shall be made to ensure that the victim receives full restitution. The terms of Agreement shall consider any attendance in school or other program, and the employment status of the offender. The Adult Alternative Measures Agreement may contain a number of conditions appropriate to the situation.
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