Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Warnings and referrals — prosecutor

• 715.48 (1) A prosecutor 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, before commencing or continuing judicial proceedings against the person alleged to have committed the offence,

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

  • (b) 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 to an alternative measure.

• Marginal note:Validity of proceedings

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