Question:  If a 16-year-old is caught for shoplifting and it is her first offence, what steps can be taken in order to avoid a criminal record or for her not to appear in court?  School record is great with no truancy, lateness or bad behaviour.

Signed "Jerry," Ontario, March 1999**

Answer:   A program in Ontario known as Alternative Measures would be available.  For young persons, those over 12 and over and under 18, a minor first offence such as shoplifting will not be prosecuted.

The youth has to sign an acknowledgment of responsibility, meaning he or she has to admit to being guilty and acknowledge too that he or she knows about his or her right to counsel and right to a trial.

The program usually requires the youth be arraigned, that is, the charge is read in open court.  The youth would then have to perform some alternative measure, for instance write an apology or a short essay, do some community service or perhaps make a charitable contribution.  For young persons, once the acknowledgment is signed, the charge is usually dropped.

A similar program for adults is also available.  We call it the diversion program.  The difference between the operation of the program for adults is that the assistant Crown Attorney reviewing the matter for an adult will usually limit the alternative measure to a charitable contribution, the amount being set by the assistant Crown, usually between $50 and $300.  Only when proof of payment is presented will the charge be dropped.  The Crown, if necessary, will usually allow the matter to be adjourned for several weeks to allow the individual to make the contribution.

Read criminal law topic on shoplifting and alternative measures.