Law Talk: Diversion programs
Even when you've been charged with a
crime and committed some or all of the elements
of the offence, there may be alternatives
to pleading guilty right away. You may
be able to have your charges diverted, meaning
that you can avoid a finding of guilt or a
conviction in exchange for some action on
your part. To help explain, here are three
types of diversion programs offered in
Ontario.
1. Direct Accountability Program
If you've been charged with a non-serious and non-violent crime, and you haven't offended before, you may be able to apply to participate in the Direct Accountability Program. If the Crown approves you, the charges will be withdrawn once you've completed the program successfully, and you will be left with no criminal record. Participating in Direct Accountability means you will have to accept responsibility for the crime you've been charged with. This is not the same as "guilt," however, and no recording of guilt will be made on your record. Direct Accountability will usually involve community service, and sometimes counselling and making an apology to a victim of the crime you've been charged with.
2. Mental Health Diversion
If a mental health condition led you to committing a non-serious crime, you may be eligible for Mental Health Diversion. In certain areas, such as in London, Ontario, your charge or charges will be dealt with in a specialized therapeutic court. The court will then direct you to undergo treatment and counselling for your mental health issue, aimed at reducing the chance that you will commit another crime. As long as medical reports are positive, the Crown will refrain from prosecuting the charges against you.
3. Early Intervention Program
If you've been charged with domestic assault, you may be eligible for the Early Intervention Program. Unlike the other two diversion programs, successful participation will result in you pleading guilty to the crime you've been charged with. However, you will be sentenced to a conditional discharge, and in rare cases an absolute discharge, meaning that you will not be convicted of an offence. To successfully complete this program, you will undergo counselling sessions geared towards making better decisions in domestic relationships. You will not qualify for Early Intervention if the assault was more than minor, if weapons were used, if you've been convicted of domestic assault before, or if you have a history of assaulting your partner.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice please contact a lawyer, community legal clinic, Justice Net at 1-866- 919-3219 or the Lawyer Referral Service at 1-900-565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Please call us at 519- 661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
1. Direct Accountability Program
If you've been charged with a non-serious and non-violent crime, and you haven't offended before, you may be able to apply to participate in the Direct Accountability Program. If the Crown approves you, the charges will be withdrawn once you've completed the program successfully, and you will be left with no criminal record. Participating in Direct Accountability means you will have to accept responsibility for the crime you've been charged with. This is not the same as "guilt," however, and no recording of guilt will be made on your record. Direct Accountability will usually involve community service, and sometimes counselling and making an apology to a victim of the crime you've been charged with.
2. Mental Health Diversion
If a mental health condition led you to committing a non-serious crime, you may be eligible for Mental Health Diversion. In certain areas, such as in London, Ontario, your charge or charges will be dealt with in a specialized therapeutic court. The court will then direct you to undergo treatment and counselling for your mental health issue, aimed at reducing the chance that you will commit another crime. As long as medical reports are positive, the Crown will refrain from prosecuting the charges against you.
3. Early Intervention Program
If you've been charged with domestic assault, you may be eligible for the Early Intervention Program. Unlike the other two diversion programs, successful participation will result in you pleading guilty to the crime you've been charged with. However, you will be sentenced to a conditional discharge, and in rare cases an absolute discharge, meaning that you will not be convicted of an offence. To successfully complete this program, you will undergo counselling sessions geared towards making better decisions in domestic relationships. You will not qualify for Early Intervention if the assault was more than minor, if weapons were used, if you've been convicted of domestic assault before, or if you have a history of assaulting your partner.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice please contact a lawyer, community legal clinic, Justice Net at 1-866- 919-3219 or the Lawyer Referral Service at 1-900-565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Please call us at 519- 661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
