Community Accountability Programs Information ... - Ministry of Justice
Community Accountability Programs Information ... - Ministry of Justice Community Accountability Programs Information ... - Ministry of Justice
• The offender must accept responsibility for the act or omission of theoffence.• The offender does not express the wish to have any charges dealt withby the court.• An agent of the Attorney General (Crown counsel) is satisfied that suchmeasures would be appropriate, considering the needs of the offenderand the interests of society and the victim.The legislation also stipulates that, if a person who has been dealt with byalternative measures fails to comply with the terms of those measures, thecase may be returned to court for prosecution of the original offence.Most alternative measures programs are provided through CorrectionsBranch service contracts and, for young offenders, by youth probationofficers with the Ministry of Children and Family Development.In summary, there are two methods for holding a person accountable for anoffence outside of the court process:Also known asInformal resolutionCommunity AccountabilityProgramsInitiated by Police CrownFormal resolutionAlternative MeasuresAt the Pre-charge stage Post-charge stageOffenders areWarned, cautioned, or referredto a Community AccountabilityProgramUsed for Usually Category 3 and 4offences onlyReferred to an accredited programor probation officerCrown has discretion over whattypes of offences can be referredNon-compliance No recourse for non-compliance Cases can be returned to courtYCJA applicationRepresents the informal rangeof responses referred to as“extrajudicial measures”Represents the most formal typeof extrajudicial measure; referredto as “extrajudicial sanctions”Guidelines for Working with Victims and Offenders 27
Getting StartedIntroductionThe Province of British Columbia has supported the incorporation ofrestorative approaches within the justice system by expanding the use ofalternative measures 6 and encouraging the development of CommunityAccountability Programs. These approaches are often called “diversion.”Diversion is the practice of employing discretion to hold offendersaccountable, while avoiding having to turn to the courts to resolve lessserious offences. Diversion is used with both adult and young offenders.There are two types of diversion:• Informal police-initiated resolution, where police use theirdiscretion to refer minor offences at the pre-charge stage to localcommunity-based programs. The Youth Criminal Justice Act refers toinformal police-initiated resolution as an “extrajudicial measure”available to police when dealing with young offenders. Under theCriminal Code, police are empowered to use their discretion with adultoffenders.• Formal Crown-initiated resolution, where Crown uses its discretionto refer offences to an accredited alternative measures program, YouthJustice Services (probation), or Community Corrections (adultprobation) after the charge-approval process has been completed. TheYCJA refers to these programs as “extrajudicial sanctions.” These are atype of extrajudicial measure available for dealing with young offenders.While both types of diversion are referred to in the sections that follow,the focus of this manual is on pre-charge, informal police-initiatedresolution.6 These are measures other than court proceedings that may be used to deal with aperson who has committed an offence. Legislation stipulates that alternative measuresmay be used only if they do not endanger public safety and only if certain conditions aremet. (See page 26 for more information.) Alternative measures programs are available forboth adult and young offenders.Getting Started 28
- Page 12 and 13: clarify the offender’s version of
- Page 14 and 15: • Who has a stake in this situati
- Page 16 and 17: Is the future addressed?• Is ther
- Page 18 and 19: Administering the program• Ensure
- Page 20 and 21: • If a young person is dealt with
- Page 22 and 23: Guidelines for working with victims
- Page 24 and 25: • Information on the justice syst
- Page 26 and 27: committed, they then decide how to
- Page 30 and 31: Diversion strategies and measures b
- Page 32 and 33: and how offences are affecting your
- Page 34 and 35: • Victim services and other justi
- Page 36 and 37: undertake each action, and set real
- Page 38 and 39: • Effects of victimization• Wor
- Page 40 and 41: • Volunteers and any other person
- Page 42 and 43: RECORDS MANAGEMENTThe goal of a rec
- Page 44 and 45: of the provincial government. The p
- Page 46 and 47: • Facilitate restorative justice
- Page 48: Before a conferenceis convened(cont
- Page 51 and 52: General criteriaCommunity Accountab
- Page 53 and 54: • Whether and how it has changed
- Page 55 and 56: AppendicesAppendix A - Categories o
- Page 57 and 58: CATEGORIES OF OFFENCES* Please note
- Page 59 and 60: VICTIMS OF CRIME ACT[RSBC 1996] CHA
- Page 61 and 62: "victim service" means a service th
- Page 63 and 64: Goals(d) if the offender is or will
- Page 65 and 66: Validity of proceeding, etc.11 (1)
- Page 67 and 68: Appendix C - References to Victims
- Page 69 and 70: • The harm done to victims and wh
- Page 71 and 72: Appendix D - References to Victims
- Page 73 and 74: Appendix E - Victim Service Directo
- Page 75 and 76: Appendix F - Extrajudicial Measures
- Page 77 and 78: measures if the YP has previously b
Getting StartedIntroductionThe Province <strong>of</strong> British Columbia has supported the incorporation <strong>of</strong>restorative approaches within the justice system by expanding the use <strong>of</strong>alternative measures 6 and encouraging the development <strong>of</strong> <strong>Community</strong><strong>Accountability</strong> <strong>Programs</strong>. These approaches are <strong>of</strong>ten called “diversion.”Diversion is the practice <strong>of</strong> employing discretion to hold <strong>of</strong>fendersaccountable, while avoiding having to turn to the courts to resolve lessserious <strong>of</strong>fences. Diversion is used with both adult and young <strong>of</strong>fenders.There are two types <strong>of</strong> diversion:• Informal police-initiated resolution, where police use theirdiscretion to refer minor <strong>of</strong>fences at the pre-charge stage to localcommunity-based programs. The Youth Criminal <strong>Justice</strong> Act refers toinformal police-initiated resolution as an “extrajudicial measure”available to police when dealing with young <strong>of</strong>fenders. Under theCriminal Code, police are empowered to use their discretion with adult<strong>of</strong>fenders.• Formal Crown-initiated resolution, where Crown uses its discretionto refer <strong>of</strong>fences to an accredited alternative measures program, Youth<strong>Justice</strong> Services (probation), or <strong>Community</strong> Corrections (adultprobation) after the charge-approval process has been completed. TheYCJA refers to these programs as “extrajudicial sanctions.” These are atype <strong>of</strong> extrajudicial measure available for dealing with young <strong>of</strong>fenders.While both types <strong>of</strong> diversion are referred to in the sections that follow,the focus <strong>of</strong> this manual is on pre-charge, informal police-initiatedresolution.6 These are measures other than court proceedings that may be used to deal with aperson who has committed an <strong>of</strong>fence. Legislation stipulates that alternative measuresmay be used only if they do not endanger public safety and only if certain conditions aremet. (See page 26 for more information.) Alternative measures programs are available forboth adult and young <strong>of</strong>fenders.Getting Started 28
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