Mental health diversion

Filed Under: Criminal Law; Health Law

1 definition found for this term.
Definitions are presented in the order source books were published (most recent first).


A voluntary, pretrial procedure where the Crown attorney uses her discretion, on a case-by-case basis, not to prosecute an accused. It is not necessary for the accused to admit guilt of the alleged offence(s). Where the accused is suffering from a mental illness that the Crown believes is the underlying cause of the alleged criminal conduct, the Crown may stay the charge(s) after the accused embarks on a treatment program that addresses treatment needs and reduces the likelihood of re-offence.

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