Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Warnings and referrals — police

• 715.47 (1) A police officer must, if it is appropriate in the circumstances and does not pose a risk to the safety of the public, while taking into account the interests of the victim, of society and of the person alleged to have committed an offence and having regard to the purpose and principles set out in sections 715.45 and 715.46, consider, instead of proceeding with the laying of an information against the person alleged to have committed the offence,

  • (a) taking no further action;

  • (b) issuing a warning to the person; or

  • (c) with the consent of the person, referring them to a program or to an agency or another service provider in the community that may assist them or, if authorized to do so, to an alternative measure.

• Marginal note:Validity of charges

  (2) The failure of a police officer to consider the options set out in subsection (1) does not invalidate any subsequent charges against the person for the offence.