I'm referring to the same offence. I understand the individual would not have been convicted of the other offences, as they would have been subject to diversion measures. We agree on that point.
I want to make sure that I understand the motion. Proposed subsection 10.4(2) would involve the judge or the court being made aware of a warning or referral only for purposes related to the prosecution of the specific offence.
As I understand it, let’s say an offence was committed on January 1, 2019. That's the only one that can be mentioned, regardless of the rate of recidivism or compliance with conditions of police orders. The judge will not be advised that, for instance, they tried everything, that the individual was ordered to get therapy, but that they failed to do so and reoffended, that is to say they committed the same crime again.
I understand the individual was not convicted for the other offences, but if it’s for the same offences, that is, repeat offences, the judge cannot be made aware of it.
Have I understood that correctly?