Type of document: Prosecution Directive

Effective date: January 31, 2024

Serious violent crime is a matter of grave public concern because of its devastating effects on victims, their families and their communities. In any prosecution involving serious violent crime, the protection of the public is the paramount consideration at all stages, from judicial interim release (bail) to sentencing.

This Directive applies to the following serious violent crimes:

  • offences involving death
  • attempt murder
  • aggravated sexual assault
  • robbery with a firearm
  • home invasion robbery
  • carjacking

When applying this Directive, the Prosecutor must also consider the direction and factors provided in the following Directives, where applicable: Firearms, Intimate Partner Violence, Sexual Offences against Adults and Offences Against Children.

For young persons, reference should also be made to the Youth Criminal Justice Directives. For adults with a mental illness, reference should also be made to the Mentally Ill Accused Directives. For Indigenous peoples, reference should also be made to the Indigenous Peoples Directive.

Judicial interim release (bail)

In all cases to which this Directive applies, the Prosecutor must seek a detention order, absent exceptional circumstances, to ensure the safety and security of the public. If exceptional circumstances exist, the Prosecutor must obtain prior approval of the Crown Attorney or designate before recommending or consenting to any form of judicial interim release. This decision should be made at the earliest reasonable opportunity having regard to the requirements of the Criminal Code.

Where the Prosecutor seeks a detention order and the accused person is granted judicial interim release, the Prosecutor must advise the Crown Attorney or designate. In these circumstances, the Crown Attorney or designate must consider whether a bail review is warranted.

Reference should be made to the following Directives, where applicable: Judicial Interim Release (Bail), Firearms and Indigenous Peoples.

Estreatment proceedings

The Criminal Code provides that where an accused person has failed to appear in court or failed to comply with the conditions of a release order, and a surety and/or an accused person promised or deposited an amount of money, the Prosecutor may seek to have all or some of the money forfeited.

In all cases to which this Directive applies, if an accused person has failed to appear in court or has been convicted of failing to comply with the conditions of a release order, absent exceptional circumstances, the Prosecutor must seek the forfeiture of all or some of the amount promised or deposited by any surety and/or the accused person. If exceptional circumstances exist, the Prosecutor must obtain prior approval of the Crown Attorney or designate not to seek forfeiture.

Charge screening

In all cases to which this Directive applies, the Prosecutor must consider whether the accused person should be flagged as a high-risk offender or, where applicable, whether a long-term offender or dangerous offender application should be pursued. In cases where the Prosecutor believes that such a step may be appropriate, they should consult with their Regional High-Risk Offender Crown.

In such cases, the Prosecutor should refer to the following Directives: Charge Screening, Dangerous/Long-term Offenders and High-Risk Offender National Flagging System.

Where applicable, the Prosecutor should consider the following Directives: Firearms, Intimate Partner Violence, Sexual Offences against Adults, Offences Against Children, Indigenous Peoples and Direct Indictments.

Resolution discussions and sentence

The Prosecutor must ensure that reasonable steps are taken to inform the victim of a proposed resolution (for example, guilty plea or proposed sentence) or that the charges will be withdrawn or stayed.

In all cases to which this Directive applies, except with the prior approval of the Crown Attorney or designate, the Prosecutor must not:

  • withdraw or stay proceedings
  • advocate for, or agree to, a conditional sentence
  • reduce or withdraw a charge to avoid a mandatory minimum term of imprisonment

Reference should be made to the following Directives, where applicable: Firearms, Intimate Partner Violence, Sexual Offences against Adults and Offences against Children.

Support for victims

The Prosecutor must ensure that efforts are made, at all stages of the criminal proceedings, to provide the victim with whatever information or assistance is required to ensure full and fair participation in the criminal justice system.

As soon as feasible after a finding of guilt, the Prosecutor must ensure that reasonable steps are taken to provide the victim with the opportunity to prepare a Victim Impact Statement and inform the victim of their right to present it to the court and their other options.

Reference should be made to the Victims Directive. In all cases involving Indigenous victims, reference should also be made to the Indigenous Peoples Directive.

Ancillary orders

The Prosecutor must seek the following orders if applicable and remind the court of all mandatory orders:

Reference should be made to the following directives: DNA Data Bank Orders and Weapons Prohibitions and Forfeiture.