The Direct Accountability Program (DAP) in London allows first-time offenders facing minor theft charges to avoid a criminal record. By completing community service or making a charitable donation, the Crown Attorney will completely withdraw your shoplifting charges.
Making a poor decision at a retail store does not have to ruin your life. If you have been arrested by the London Police Service for shoplifting or minor theft, you are likely terrified of gaining a permanent criminal record. Fortunately, Ontario’s justice system recognizes that some people just need a second chance, not a harsh punishment.
The Direct Accountability Program (DAP) is a diversion program designed precisely for minor, non-violent offences. It is administered locally, often in partnership with community organizations like the John Howard Society. This guide explains how you can qualify for this program at the Dundas Street courthouse and walk away without a conviction.
Step-by-Step Process in London
Entry into the DAP is not automatic. The Crown Attorney must approve your participation based on the facts of your case and your personal history. Here is how the process works. 📋
Step 1: The Initial Crown Screening
At or before your first court appearance, your criminal defence lawyer will review your disclosure and ask the Crown Attorney to screen your file for DAP eligibility. To qualify, you generally must be a first-time offender, the stolen goods must be of low value (Theft Under $5,000), and the goods must have been recovered without violence.
Step 2: Admit Responsibility
To enter the program, you must be willing to accept responsibility for your actions. This is not the same as pleading guilty in court—you do not get a criminal conviction. You simply acknowledge to the DAP worker that you committed the act, which shows you are willing to make amends.
Step 3: Complete the Assigned Sanction
Once accepted, you will meet with a DAP caseworker (often at the London courthouse or a local community agency). They will assign a task to make up for your offence. This usually involves completing a set number of community service hours, making restitution (paying the store back for damaged items), or making a donation to a local charity. 💰
Step 4: Charges Are Withdrawn
You will be given a deadline (usually a few months) to complete your sanction. Once you provide proof of completion to the court, the Crown Attorney will officially withdraw the theft charges against you. You will walk out of the court with no criminal record.
DAP Eligibility vs. Ineligibility
Not every shoplifting case qualifies for diversion. Here is what the Crown looks for when making their decision:
| Criteria | Highly Likely to Qualify for DAP | Unlikely to Qualify for DAP |
|---|---|---|
| Criminal History | Zero prior arrests or convictions | Prior theft convictions or previous use of DAP |
| Value of Goods | Minor items (e.g., $50 worth of groceries) | High-value electronics or organized retail theft |
| Violence / Weapons | Peaceful surrender to mall security | Fighting security guards or carrying a knife |
| Relationship to Victim | Stranger to the retail store | Employee stealing from their employer (Breach of Trust) |
How Much Does it Cost in London?
While avoiding a criminal record is priceless, the diversion process still involves some financial output. Expect the following costs in Canadian dollars (CAD):
- Lawyer Fees: Hiring a law firm to negotiate your entry into the DAP and manage your court appearances typically costs a block fee of $1,500 to $2,500 CAD.
- Charitable Donation: If a donation is chosen as your sanction, the amount is usually tied to the value of the theft but commonly ranges from $50 to $250 CAD.
- Restitution: If you broke an item or stole something that was not recovered, you must pay the exact dollar value back to the store.
How Long Does the Process Take?
The Direct Accountability Program is one of the fastest ways to resolve a criminal charge. Your lawyer will usually secure Crown approval within the first 1 to 2 months of your court dates. You are then given about 4 to 8 weeks to finish your community service or make your donation. The entire process, from arrest to the charges being fully withdrawn, typically takes 3 to 4 months. ⏱
Frequently Asked Questions (FAQ)
Do I have to go to court if I am in the DAP?
If you have hired a criminal defence lawyer, they can usually attend the remand court dates on your behalf. You will only need to attend your meeting with the DAP caseworker to set up your sanctions.
Will this show up on a background check?
Because the charges are withdrawn, you will not have a criminal conviction. However, the record of your arrest will remain in the local police database until you formally apply to the London Police Service for fingerprint and photograph destruction.
Can I just do the program without a lawyer?
Yes, Duty Counsel at the courthouse can sometimes help unrepresented individuals apply for DAP. However, having a private lawyer ensures your file is prioritized and aggressively negotiated if the Crown is initially hesitant to approve you.
What happens if I fail to finish my community service?
If you miss the deadline to complete your DAP conditions, your file is sent back to the regular court stream. The Crown Attorney will then resume prosecuting you, and you will face a potential criminal conviction and fines.
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