Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Conditions

715.49 Alternative measures may be used in respect of a person alleged to have committed an offence if the following conditions are met:

• (a) the alternative measures are part of a program of alternative measures authorized by the Attorney General or the Attorney General’s delegate or authorized by a person, or a person within a class of persons, designated by the lieutenant governor in council of a province;

• (b) the person who is considering whether to use the alternative measure is satisfied that it would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of the victim and of society;

• (c) the person alleged to have committed the offence, having been informed of the alternative measure, fully and freely consents to participate in it;

• (d) the person alleged to have committed the offence has, before consenting to participate in the alternative measure, been advised of the right to be represented by counsel;

• (e) the person alleged to have committed the offence accepts responsibility for the act or omission that forms the basis of the offence;

• (f) in the opinion of the Attorney General or the Attorney General’s agent, there is sufficient evidence to proceed with the prosecution of the offence; and

• (g) the prosecution of the offence is not in any way barred at law.