Pre-Charge Diversion
- Pre-Charge Diversion exists in some areas throughout the province.
- It is something that happens before police lay a formal charge (minor criminal charge).
- The police have to offer this program to you but it is voluntary. You can choose if you want to do it or not.
- The purpose is to connect the person to health and social services rather than involve them in the legal system.
Reminder: This is different than a diversion program as the pre-charge diversion program is offered before police have formally laid a charge.
For example:
- Police attend a scene and believe you have committed the criminal offence of Mischief.
- Instead of charging you, they give you a piece of paper with directions to connect with a local mental health agency.
- If you do so and complete the joint police mental health agency program, you will not be formally charged with the criminal offence.
- If you fail to complete the program, the original charge of Mischief will be laid and you will have to go to court.
Case Study
In Derek’s case, the police officer that arrested him did not offer him a Pre-Charge Diversion.
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