Sometimes in the legal system, it is possible for people who have been charged with a crime to complete something called the Alternative Measures Program, as opposed to a major punishment, most notably, jail. The Adult Alternative Measures Program (AMP) offers a diversionary option specifically for individuals with either no criminal record or a dated one, who have been accused of minor criminal offences.
It is important to recognize that pursuing prosecution for extremely minor offences may not always be worthwhile, but AMP aims to achieve the objectives of criminal sentencing through the completion of the program.
For example, consider a first-time offender who has been charged with a minor theft valued at $100. If the individual acknowledges their wrongdoing and takes responsibility, while also posing a low risk of reoffending, and commits to a rehabilitation program that deters them from further criminal activities, the objectives of sentencing can be sufficiently met without requiring the Crown to prosecute the offence.
Am I eligible?
There are a number of things that need to be considered when it comes to someone’s eligibility for the program. Generally, individuals eligible for AMP will have less than two previous offences on their record, and those offences should be from a while ago.
You must also not have participated in the program within the last two years, and your charges cannot involve an indictable offence. Typically, AMP is intended for individuals charged with minor summary conviction offences that caused no significant harm to individuals or property. Examples of such offences include; theft or fraud under $5000.00, simple Assault (excluding Domestic Assault), or mischief.
What it Means for Your Criminal Record
We often hear concerns from clients about the impact of alternative measures on one’s criminal record. Since alternative measures do not constitute a finding or admission of guilt, they do not result in a conviction. While alternative measures generally do not appear on standard criminal record checks, certain enhanced ones may disclose that information.