Information on Criminal Law for LSLAP Students (1:XI) - Revision history

LSLAP at 18:54, 13 October 2025

2025-10-13T18:54:25Z

← Older revision		Revision as of 18:54, 13 October 2025
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	{{REVIEWED LSLAP \| date= August ~~7, 2024~~}}		{{REVIEWED LSLAP \| date= 1 August 2025}}
	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

LSLAP at 17:48, 15 August 2025

2025-08-15T17:48:07Z

LSLAP at 21:03, 7 August 2024

2024-08-07T21:03:49Z

← Older revision		Revision as of 21:03, 7 August 2024
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	{{REVIEWED LSLAP \| date= August 1, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 7, 2024}}
	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

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	=== 4. The Trial Has Already Been Set ===		=== 4. The Trial Has Already Been Set ===

	LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the clinician can advise the client to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the clinician should tell the client that LSLAP cannot represent them, and it is their responsibility to seek other counsel or be self-represented		LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the clinician can advise the client to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the clinician should tell the client that LSLAP cannot represent them, and it is their responsibility to seek other counsel or be self-represented.

	:'''NOTE:''' Several pamphlets available from Legal Aid BC may help a client prepare for their own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.		:'''NOTE:''' Several pamphlets available from Legal Aid BC may help a client prepare for their own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.
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	Court Services Online is BC’s electronic court registry. It is an initiative of the Court Services Branch of the Ministry of the Attorney General and British Columbia Judiciary. Using the online directory at https://justice.gov.bc.ca/cso/index.do, clients and legal representatives are able to search court files and file court documents, 24 hours a day, online. It can be an incredibly useful tool for establishing details about a client’s case about which they, themselves, may be unaware.		Court Services Online is BC’s electronic court registry. It is an initiative of the Court Services Branch of the Ministry of the Attorney General and British Columbia Judiciary. Using the online directory at https://justice.gov.bc.ca/cso/index.do, clients and legal representatives are able to search court files and file court documents, 24 hours a day, online. It can be an incredibly useful tool for establishing details about a client’s case about which they, themselves, may be unaware.

	Searching and viewing provincial criminal and traffic court files on CSO is free. Civil cases and court of appeals files can also be searched on CSO but require that users pay either a nominal fee ($6.00 as of ~~2023~~) per file viewed or have a subscription account with CSO.		Searching and viewing provincial criminal and traffic court files on CSO is free. Civil cases and court of appeals files can also be searched on CSO but require that users pay either a nominal fee ($6.00 as of 2024) per file viewed or have a subscription account with CSO.

	=== 1. eSearch ===		=== 1. eSearch ===
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	For LSLAP Students, the charges, participants, and appearances tabs will be especially helpful. The participants tab lists the birth year of the accused person which can be helpful in confirming that this is, in fact, the client, not merely someone with the same name. The charges tab lists all the charges with which the client has been charged under this particular court file, as well as the date and location of the alleged. The Criminal Code provision or other legislation under which the client has been charged will be listed.		For LSLAP Students, the charges, participants, and appearances tabs will be especially helpful. The participants tab lists the birth year of the accused person which can be helpful in confirming that this is, in fact, the client, not merely someone with the same name. The charges tab lists all the charges with which the client has been charged under this particular court file, as well as the date and location of the alleged. The Criminal Code provision or other legislation under which the client has been charged will be listed.

	The appearance tab lists all the appearance that have occurred with respect to this file, as well as any upcoming appearances. It will list the date, times, and location of any past and upcoming court dates. Students can chart the progress of the file by looking at the reason for each appearance and its result. By hovering the cursor over the codes under ‘Reason’ and ~~‘Result’anexpandedmeaningofthethreeletterswillappear~~. ~~Foraguidetosomeofthemost~~ common codes used, see below.		The appearance tab lists all the appearance that have occurred with respect to this file, as well as any upcoming appearances. It will list the date, times, and location of any past and upcoming court dates. Students can chart the progress of the file by looking at the reason for each appearance and its result. By hovering the cursor over the codes under ‘Reason’ and ‘Result' an expanded meaning of the three letters will appear. For a guide to some of the most common codes used, see below.

	For a more extensive list of the codes used on CSO see this article published by the British Columbia Provincial Court: https://www.provincialcourt.bc.ca/enews/enews-06-01-2021		For a more extensive list of the codes used on CSO see this article published by the British Columbia Provincial Court: https://www.provincialcourt.bc.ca/enews/enews-06-01-2021
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	=== 2. Daily Court Lists ===		=== 2. Daily Court Lists ===

	The daily court lists are also available on CSO. These lists, which are posted at 6 am daily, list all criminal matters scheduled for court appearances that day by courthouse, then courtroom, then alphabetically by last name, for both the morning and afternoon sessions. The client’s file matter number and other information about the file, such as bail status and if the accused is in custody, is also available on the daily court list. There are no archives of daily court lists.		The daily court lists are also available on CSO. These lists, which are posted at 6 AM daily, list all criminal matters scheduled for court appearances that day by courthouse, then courtroom, then alphabetically by last name, for both the morning and afternoon sessions. The client’s file matter number and other information about the file, such as bail status and if the accused is in custody, is also available on the daily court list. There are no archives of daily court lists.

	Small claims court, the Supreme court, Appeal court, Justice Interim Release list, and the Provincial Criminal Courts all have daily court lists. Files with restricted access like divorce and family files only display the file number.		Small claims court, the Supreme court, Appeal court, Justice Interim Release list, and the Provincial Criminal Courts all have daily court lists. Files with restricted access like divorce and family files only display the file number.

	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}

LSLAP at 20:18, 23 August 2023

2023-08-23T20:18:24Z

← Older revision		Revision as of 20:18, 23 August 2023
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	== B. Discuss LSLAP File Procedures and Policies with the Client ==		== B. Discuss LSLAP File Procedures and Policies with the Client ==
	The clinician must establish certain “ground rules” to govern the relationship between clinician and client in a criminal file:		The clinician must establish certain “ground rules” to govern the relationship between clinician and client in a criminal file:
	# The client will attend all court appearances. LSLAP clinicians will not appear as agents for their clients.		# The client will attend all court appearances. LSLAP clinicians will not appear as agents for their clients.
	# Counsel represents the client and, as such, it is the clinician who is in charge of the file. While the client may assist in their own defence and can give the clinician specific instructions, it is the clinician who contacts Crown and other parties.		# Counsel represents the client and, as such, it is the clinician who is in charge of the file. While the client may assist in their own defence and can give the clinician specific instructions, it is the clinician who contacts Crown and other parties.
	# The client cannot request another law student; the client can either be represented by the clinician they are assigned, or they can seek alternate representation outside of LSLAP.		# The client cannot request another law student; the client can either be represented by the clinician they are assigned, or they can seek alternate representation outside of LSLAP.
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	== C. Guide to Court Services Online (CSO) ==		== C. Guide to Court Services Online (CSO) ==

	Court Services Online ~~(CSO) British Columbia’s~~ electronic court registry. It is an initiative of the Court Services Branch of the Ministry of the Attorney General and British Columbia Judiciary. Using the online directory, at https://justice.gov.bc.ca/cso/index.do, clients and legal representatives are able to search court files, and file court documents, 24 hours a day~~, remotely~~, online. It can be an incredibly useful tool ~~and resource~~ for establishing details about a client’s case ~~that~~ they, themselves, may be unaware of.		Court Services Online is BC’s electronic court registry. It is an initiative of the Court Services Branch of the Ministry of the Attorney General and British Columbia Judiciary. Using the online directory at https://justice.gov.bc.ca/cso/index.do, clients and legal representatives are able to search court files and file court documents, 24 hours a day, online. It can be an incredibly useful tool for establishing details about a client’s case about which they, themselves, may be unaware.

	Searching and viewing provincial criminal and traffic court files on CSO is free. ~~You are also able to search for civil~~ cases and court of appeals files on CSO but ~~it requires~~ that ~~you~~ pay either a nominal fee ($6.00 as of ~~2022~~) per file ~~you wish to view~~ or have a subscription account with CSO~~. Civil files will often contain downloadable copies of notices of claim, counterclaims, orders etc. You can file documents for your civil case online through CSO for a nominal fee~~.		Searching and viewing provincial criminal and traffic court files on CSO is free. Civil cases and court of appeals files can also be searched on CSO but require that users pay either a nominal fee ($6.00 as of 2023) per file viewed or have a subscription account with CSO.

	=== 1. eSearch ===		=== 1. eSearch ===

	Clients, legal representatives and the public at large can use the eSearch function on CSO to view provincial criminal and traffic court files in ~~British Columbia~~. ~~In order to find the~~ file ~~you are looking for you can search using~~ the ~~participant~~ name or file number ~~to locate a file~~. ~~You can also add additional~~ information ~~to various search fields to narrow down results returned~~ such as location, level and class.		Clients, legal representatives, and the public at large can use the eSearch function on CSO to view provincial criminal and traffic court files in BC. Locate a file by searching the participant’s name or file number. Additional information such as location, level, and class can be added to narrow down results returned.

	Once ~~you have~~ entered ~~your search you will be presented with~~ a list of returned results ~~giving you~~ an overview of each file that matches ~~your~~ search criteria and ~~giving you~~ information such as: court location, first and last name, date and time of the next/most recent court appearance, the result of the last ~~one~~ and the reason for the next.		Once the search has been entered, a list of returned results will appear providing an overview of each file that matches the search criteria, and information such as: court location, first and last name, date and time of the next/most recent court appearance, the result of the last appearance, and the reason for the next.

	:'''NOTE''': The eSearch function has an option for an ‘Exactly’ or ‘Partial’ match. If ~~you are not finding your~~ client’s file, try switching from an exact match search to a partial match search.		:'''NOTE''': The eSearch function has an option for an ‘Exactly’ or ‘Partial’ match. If the client’s file is not appearing, try switching from an exact match search to a partial match search.

	~~You can select what you think to be the~~ file ~~you are looking for~~ by pressing ‘View’. The page for that court file will be headed by court file number and ~~give you~~ tabs for documents, participants, charges, appearances, sentences/dispositions, and releases.		Select a file by pressing ‘View’. The page for that court file will be headed by the court file number and will provide tabs for documents, participants, charges, appearances, sentences/dispositions, and releases.

			For LSLAP Students, the charges, participants, and appearances tabs will be especially helpful. The participants tab lists the birth year of the accused person which can be helpful in confirming that this is, in fact, the client, not merely someone with the same name. The charges tab lists all the charges with which the client has been charged under this particular court file, as well as the date and location of the alleged. The Criminal Code provision or other legislation under which the client has been charged will be listed.

	For LSLAP Students the charges, participants and appearances tabs will be especially helpful. The participants tab lists the birth year of the accused person which can be helpful in confirming that this is, in fact, you client, not merely someone with the same name. The charges tab lists all the charges your client has been charged with under this particular court file as well as the offense date and the city where the offense took place. It will list the provision of the criminal code or other legislation under which you client has been charged.		The appearance tab lists all the appearance that have occurred with respect to this file, as well as any upcoming appearances. It will list the date, times, and location of any past and upcoming court dates. Students can chart the progress of the file by looking at the reason for each appearance and its result. By hovering the cursor over the codes under ‘Reason’ and ‘Result’anexpandedmeaningofthethreeletterswillappear. Foraguidetosomeofthemost common codes used, see below.

	The appearance tab lists all the appearance that have occurred ~~in relation~~ to this file as well as ~~if there is one~~ upcoming. It will list the date, times and location of any past and upcoming court dates. ~~You~~ can chart the progress of the file by looking at ~~what~~ each appearance ~~was for~~ and ~~what~~ result ~~was reached~~. By hovering ~~your~~ cursor over the codes under ‘Reason’ and ~~‘Result’ an expanded meaning of the three letters will appear~~. For a ~~guide to some~~ of the ~~most common~~ codes used, see ~~below~~.		For a more extensive list of the codes used on CSO see this article published by the British Columbia Provincial Court: https://www.provincialcourt.bc.ca/enews/enews-06-01-2021

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	=== 2. Daily Court Lists ===		=== 2. Daily Court Lists ===

	~~Daily~~ court lists ~~can be found online~~ on CSO. These lists, which are posted at 6 am daily, list all criminal matters scheduled for court appearances that day by courthouse, then courtroom, then alphabetically by last name, for both the morning and afternoon sessions. ~~On the daily court list, you can locate the~~ matter number ~~of your file~~ and other information about the file such as bail status and if the accused is in custody. There are no archives of daily court lists.		The daily court lists are also available on CSO. These lists, which are posted at 6 am daily, list all criminal matters scheduled for court appearances that day by courthouse, then courtroom, then alphabetically by last name, for both the morning and afternoon sessions. The client’s file matter number and other information about the file, such as bail status and if the accused is in custody, is also available on the daily court list. There are no archives of daily court lists.

	Small ~~Claims~~ court, the Supreme ~~Court~~, Appeal ~~Court~~, Justice Interim Release list and the Provincial Criminal Courts all have daily court lists. Files with restricted access like divorce and family files display ~~only~~ the file number.		Small claims court, the Supreme court, Appeal court, Justice Interim Release list, and the Provincial Criminal Courts all have daily court lists. Files with restricted access like divorce and family files only display the file number.

	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}

LSLAP at 20:00, 23 August 2023

2023-08-23T20:00:04Z

LSLAP at 15:25, 30 August 2022

2022-08-30T15:25:31Z

← Older revision		Revision as of 15:25, 30 August 2022
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	:'''NOTE:''' For further information on a client's upcoming appearance, including date, time and stated purpose, view the client’s file on Court Services Online. See '''Part (7): Court Services Online''' for further information.		:'''NOTE:''' For further information on a client's upcoming appearance, including date, time and stated purpose, view the client’s file on Court Services Online. See '''Part (7): Court Services Online''' for further information.

	=== 1. Client ~~comes~~ to the ~~clinic before~~ the ~~first appearance date~~ ===		=== 1. Client Comes to the Clinic Before the First Appearance Date ===

	The clinician should first advise the client they must attend court at each appearance date. The clinician should further advise the client about the nature of the first appearance and tell the client that '''the trial never proceeds at the first apperance'''. If the time before the first appearance date is brief (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare their case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client’s version of the events that led to the criminal charge until particulars are obtained and they have met with the supervising lawyer.		The clinician should first advise the client they must attend court at each appearance date. The clinician should further advise the client about the nature of the first appearance and tell the client that '''the trial never proceeds at the first apperance'''. If the time before the first appearance date is brief (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare their case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client’s version of the events that led to the criminal charge until particulars are obtained and they have met with the supervising lawyer.
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	'''If the complainant and the accused both seek advice from LSLAP, the student must be aware that this is a serious conflict of interest.''' The second party must seek independent advice even if the complainant and accused are husband and wife. Under no circumstances should counsel for the accused advise the complainant or vice versa. If the other party approaches LSLAP for advice, they must be immediately referred to their own legal counsel.		'''If the complainant and the accused both seek advice from LSLAP, the student must be aware that this is a serious conflict of interest.''' The second party must seek independent advice even if the complainant and accused are husband and wife. Under no circumstances should counsel for the accused advise the complainant or vice versa. If the other party approaches LSLAP for advice, they must be immediately referred to their own legal counsel.

	=== 2. Client is on ~~probation~~ or ~~otherwise serving~~ a ~~sentence~~ ===		=== 2. Client is on Probation or Otherwise Serving a Sentence ===

	The student may be able to help the client understand the terms of a sentence, or help the client in their relationship with the supervising authority. If the issue for which the client is seeking advice is complex, the client should be advised to seek legal counsel.		The student may be able to help the client understand the terms of a sentence, or help the client in their relationship with the supervising authority. If the issue for which the client is seeking advice is complex, the client should be advised to seek legal counsel.

	=== 3. Client ~~has already appeared~~ in ~~court~~ ===		=== 3. Client Has Already Appeared in Court ===

	If the client has only appeared in court once, they have likely already been granted an adjournment to retain counsel. If the client has appeared in court on a number of occasions, the Justice of the Peace (JP) might not grant another adjournment, and a trial date may be set at the next appearance. A judge, however, has discretion to allow further adjournments when there are extenuating circumstances, like LSLAP black-out dates.		If the client has only appeared in court once, they have likely already been granted an adjournment to retain counsel. If the client has appeared in court on a number of occasions, the Justice of the Peace (JP) might not grant another adjournment, and a trial date may be set at the next appearance. A judge, however, has discretion to allow further adjournments when there are extenuating circumstances, like LSLAP black-out dates.
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	If the client has already obtained particulars and the Initial Sentencing Position, and the clinician needs time to review the particulars and to discuss the client’s options, the client should be instructed to attend the Initial Appearance and inform Crown that they are being represented and ask that the matter be adjourned for one to two weeks. The client may also request an adjournment if there are significant outstanding disclosure issues.		If the client has already obtained particulars and the Initial Sentencing Position, and the clinician needs time to review the particulars and to discuss the client’s options, the client should be instructed to attend the Initial Appearance and inform Crown that they are being represented and ask that the matter be adjourned for one to two weeks. The client may also request an adjournment if there are significant outstanding disclosure issues.

	=== 4. The ~~trial has already been set~~ ===		=== 4. The Trial Has Already Been Set ===

	LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the clinician can advise the client to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the clinician should tell the client that LSLAP cannot represent them and it is their responsibility to seek other counsel.		LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the clinician can advise the client to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the clinician should tell the client that LSLAP cannot represent them and it is their responsibility to seek other counsel.
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	\|}		\|}

	=== 5. Client ~~failed~~ to ~~appear~~ ===		=== 5. Client Failed to Appear ===
	Failure to appear for a scheduled court appearance is an offence (''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for their arrest. This can be verified online on the CSO website (see below). The client must be advised to report to the courthouse and apply to “vacate the warrant”. The client must be advised to turn themselves in immediately.		Failure to appear for a scheduled court appearance is an offence (''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for their arrest. This can be verified online on the CSO website (see below). The client must be advised to report to the courthouse and apply to “vacate the warrant”. The client must be advised to turn themselves in immediately.

	== B. Discuss LSLAP ~~file procedures~~ and ~~policies~~ with the ~~client~~ ==		== B. Discuss LSLAP File Procedures and Policies with the Client ==
	The clinician must establish certain “ground rules” to govern the relationship between clinician and client in a criminal file:		The clinician must establish certain “ground rules” to govern the relationship between clinician and client in a criminal file:
	# The client will attend all court appearances. LSLAP clinicians will not appear as agents for their clients.		# The client will attend all court appearances. LSLAP clinicians will not appear as agents for their clients.

LSLAP: /* 2. Daily Court Lists */

2022-08-30T14:34:50Z

2. Daily Court Lists

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	=== 2. Daily Court Lists ===		=== 2. Daily Court Lists ===

	~~You can also find the daily~~ court lists on CSO. These lists, which are posted at 6 am daily, list all criminal matters scheduled for court appearances that day by courthouse, then courtroom, then alphabetically by last name, for both the morning and afternoon sessions. On the daily court list, you can locate the matter number of your file and other information about the file such as bail status and if the accused is in custody. There are no archives of daily court lists.		Daily court lists can be found online on CSO. These lists, which are posted at 6 am daily, list all criminal matters scheduled for court appearances that day by courthouse, then courtroom, then alphabetically by last name, for both the morning and afternoon sessions. On the daily court list, you can locate the matter number of your file and other information about the file such as bail status and if the accused is in custody. There are no archives of daily court lists.

	Small Claims court, the Supreme Court, Appeal Court, Justice Interim Release list and the Provincial Criminal Courts all have daily court lists. Files with restricted access like divorce and family files display only the file number.		Small Claims court, the Supreme Court, Appeal Court, Justice Interim Release list and the Provincial Criminal Courts all have daily court lists. Files with restricted access like divorce and family files display only the file number.

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LSLAP at 14:34, 30 August 2022

2022-08-30T14:34:02Z

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	\| SOP \|\| Stay of proceedings directed by Crown \|\| Used when a stay of proceedings is directed by Crown i.e. the Crown has decided to no longer pursue the charge.		\| SOP \|\| Stay of proceedings directed by Crown \|\| Used when a stay of proceedings is directed by Crown i.e. the Crown has decided to no longer pursue the charge.
	\|}		\|}

			=== 2. Daily Court Lists ===

			You can also find the daily court lists on CSO. These lists, which are posted at 6 am daily, list all criminal matters scheduled for court appearances that day by courthouse, then courtroom, then alphabetically by last name, for both the morning and afternoon sessions. On the daily court list, you can locate the matter number of your file and other information about the file such as bail status and if the accused is in custody. There are no archives of daily court lists.

			Small Claims court, the Supreme Court, Appeal Court, Justice Interim Release list and the Provincial Criminal Courts all have daily court lists. Files with restricted access like divorce and family files display only the file number.

	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}

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 |-
 | WI || Bench Warrant Issued  || Used when a warrant for the accused is issued by an adjudicator, usually after the accused does not appear for a scheduled hearing.
 |}
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2022-08-30T14:25:43Z

1. eSearch

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	When a client comes into the clinic and informs a clinician that they must appear in court, the first thing to do is determine the nature of the next appearance.		When a client comes into the clinic and informs a clinician that they must appear in court, the first thing to do is determine the nature of the next appearance.

	:'''NOTE:''' For further information on a client’s upcoming appearance, including the date, time, and stated purpose of the appearance, view the client’s file on CSO. See '''~~Part (7)~~: Court Services Online''' for further information.		:'''NOTE:''' For further information on a client’s upcoming appearance, including the date, time, and stated purpose of the appearance, view the client’s file on CSO. See '''subsection C: Guide to Court Services Online''' for further information.

	=== 1. Client Comes to the Clinic Before the First Appearance Date ===		=== 1. Client Comes to the Clinic Before the First Appearance Date ===
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	LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the clinician can advise the client to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the clinician should tell the client that LSLAP cannot represent them, and it is their responsibility to seek other counsel or be self-represented.		LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the clinician can advise the client to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the clinician should tell the client that LSLAP cannot represent them, and it is their responsibility to seek other counsel or be self-represented.

	:'''NOTE:''' Several pamphlets available from Legal Aid BC may help a client prepare for their own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.		:'''NOTE:''' Several pamphlets available from [https://info.legalaid.bc.ca/topic/criminal Legal Aid BC] may help a client prepare for their own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.
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	\|+ 5. Common Courtrooms		\|+ 5. Common Courtrooms
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	\| colspan="3" style="font-weight: bold;" \| Drug Treatment Court Vancouver (DTCV)		\| colspan="3" style="font-weight: bold;" \| Drug Treatment Court Vancouver (DTCV)
	\|-		\|-
	\| colspan="3" \| The goal of the Drug Court program is to reduce drug use in adults charged with offences motivated by drug addiction problems. Individuals charged under the '''Controlled Drugs & Substance Abuse Act''' and other drug-motivated '''Criminal Code''' offences are eligible for the drug treatment court program. In exchange for less severe sentences, offenders plead guilty and participate in a supervised drug treatment program, which includes individual and group counselling and social activities.		\| colspan="3" \| The goal of the Drug Court program is to reduce drug use in adults charged with offences motivated by drug addiction problems. Individuals charged under the ''Controlled Drugs & Substance Abuse Act'' and other drug-motivated ''Criminal Code'' offences are eligible for the drug treatment court program. In exchange for less severe sentences, offenders plead guilty and participate in a supervised drug treatment program, which includes individual and group counselling and social activities.
	\|}		\|}

	=== 6. Client Failed to Appear ===		=== 6. Client Failed to Appear ===
	Failure to appear for a scheduled court appearance is an offence (''~~[https://laws-lois.justice.gc.ca/eng/acts/c-46/~~ Criminal Code]'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for their arrest. This can be verified online on the CSO website (see below). The client must be advised to report to the courthouse and apply to “vacate the warrant”. The client must be advised to turn themselves in immediately.		Failure to appear for a scheduled court appearance is an offence (''Criminal Code'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for their arrest. This can be verified online on the CSO website (see below). The client must be advised to report to the courthouse and apply to “vacate the warrant”. The client must be advised to turn themselves in immediately.

	== B. Discuss LSLAP File Procedures and Policies with the Client ==		== B. Discuss LSLAP File Procedures and Policies with the Client ==
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	The appearance tab lists all the appearance that have occurred with respect to this file, as well as any upcoming appearances. It will list the date, times, and location of any past and upcoming court dates. Students can chart the progress of the file by looking at the reason for each appearance and its result. By hovering the cursor over the codes under ‘Reason’ and ‘Result' an expanded meaning of the three letters will appear. For a guide to some of the most common codes used, see below.		The appearance tab lists all the appearance that have occurred with respect to this file, as well as any upcoming appearances. It will list the date, times, and location of any past and upcoming court dates. Students can chart the progress of the file by looking at the reason for each appearance and its result. By hovering the cursor over the codes under ‘Reason’ and ‘Result' an expanded meaning of the three letters will appear. For a guide to some of the most common codes used, see below.

	For a more extensive list of the codes used on CSO see this ~~article~~ published by the British Columbia Provincial Court: https://~~www.~~provincialcourt.bc.ca/~~enews~~/~~enews~~-06-01-~~2021~~		For a more extensive list of the codes used on CSO see this webpage published by the British Columbia Provincial Court: https://provincialcourt.bc.ca/navigating-court-case/information-all-types-cases/courtroom-basics/glossary-and-court-jargon.

	{\| class="wikitable"		{\| class="wikitable"

← Older revision		Revision as of 20:00, 23 August 2023
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	{{REVIEWED LSLAP \| date= August 4, ~~2021~~}}		{{REVIEWED LSLAP \| date= August 1, 2023}}
	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

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	When a client comes into the clinic and informs a clinician that they must appear in court, the first thing to do is determine the nature of the next appearance.		When a client comes into the clinic and informs a clinician that they must appear in court, the first thing to do is determine the nature of the next appearance.

	:'''NOTE:''' For further information on a ~~client's~~ upcoming appearance, including date, time and stated purpose, view the client’s file on ~~Court Services Online~~. See '''Part (7): Court Services Online''' for further information.		:'''NOTE:''' For further information on a client’s upcoming appearance, including the date, time, and stated purpose of the appearance, view the client’s file on CSO. See '''Part (7): Court Services Online''' for further information.

	=== 1. Client Comes to the Clinic Before the First Appearance Date ===		=== 1. Client Comes to the Clinic Before the First Appearance Date ===

	The clinician should first advise the client they must attend court at each appearance date. The clinician should further advise the client about the nature of the first appearance and tell the client that '''~~the trial~~ never proceeds at the first ~~apperance'''~~. If the time before the first appearance date is brief (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare their case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client’s version of the events that led to the criminal charge until particulars are obtained and they have met with the supervising lawyer.		The clinician should first advise the client they must attend court at each appearance date. The clinician should further advise the client about the nature of the first appearance and tell the client that the trial '''never''' proceeds at the first appearance. If the time before the first appearance date is brief (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, seek further legal advice, or prepare their case. The clinician should assess the possible options for legal counsel and give general advice. They should '''not''' get into the client’s version of the events that led to the criminal charge until particulars are obtained and they have met with the supervising lawyer.

	'''If the complainant and the accused both seek advice from LSLAP, the student must be aware that this is a serious conflict of interest.''' The second party must seek independent advice even if the complainant and accused are husband and wife. Under no circumstances should counsel for the accused advise the complainant or vice versa. If the other party approaches LSLAP for advice, they must be ~~immediately~~ referred to their own legal counsel.		'''If the complainant and the accused both seek advice from LSLAP, the student must be aware that this is a serious conflict of interest.''' The second party to approach LSLAP must seek independent advice even if the complainant and accused are husband and wife. Under no circumstances should counsel for the accused advise the complainant or vice versa. If the other party approaches LSLAP for advice, they must immediately be referred to their own legal counsel.

	=== 2. Client is on Probation or Otherwise Serving a Sentence ===		=== 2. Client is on Probation or Otherwise Serving a Sentence ===

	The student may be able to help the client understand the terms of a sentence, or help the client in their relationship with the supervising authority. If the issue for which the client is seeking advice is complex, the client should be advised to seek legal counsel.		The student may be able to help the client understand the terms of a sentence or help the client in their relationship with the supervising authority. If the issue for which the client is seeking advice is complex, the client should be advised to seek legal counsel.

	=== 3. Client Has Already Appeared in Court ===		=== 3. Client Has Already Appeared in Court ===

	If the client has only appeared in court once, they have likely already been granted an adjournment to retain counsel. If the client has appeared in court on a number of occasions, the ~~Justice~~ of the ~~Peace~~ (JP) might not grant another adjournment, and a trial date may be set at the next appearance. A judge, however, has discretion to allow further adjournments when there are extenuating circumstances, like LSLAP black-out dates.		If the client has only appeared in court once, they have likely already been granted an adjournment to retain counsel. If the client has appeared in court on a number of occasions, the justice of the peace (JP) might not grant another adjournment, and a trial date may be set at the next appearance. A judge, however, has discretion to allow further adjournments when there are extenuating circumstances, like LSLAP black-out dates.

	If the client has already obtained particulars and the Initial Sentencing Position, and the clinician needs time to review the particulars and to discuss the client’s options, the client should be instructed to attend the Initial Appearance and inform Crown that they are being represented and ask that the matter be adjourned for one to two weeks. The client may also request an adjournment if there are significant outstanding disclosure issues.		If the client has already obtained particulars and the Initial Sentencing Position, and the clinician needs time to review the particulars and to discuss the client’s options, the client should be instructed to attend the Initial Appearance and inform Crown that they are being represented and ask that the matter be adjourned for one to two weeks. The client may also request an adjournment if there are significant outstanding disclosure issues.

	=== 4. The Trial Has Already Been Set ===		=== 4. The Trial Has Already Been Set ===

	LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the clinician can advise the client to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the clinician should tell the client that LSLAP cannot represent them and it is their responsibility to seek other counsel.		LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the clinician can advise the client to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the clinician should tell the client that LSLAP cannot represent them, and it is their responsibility to seek other counsel or be self-represented

	:'''NOTE:''' Several pamphlets available from ~~the~~ Legal ~~Services Society~~ may help a client prepare for their own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.		:'''NOTE:''' Several pamphlets available from Legal Aid BC may help a client prepare for their own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.
	{\| class="wikitable"		{\| class="wikitable"
	\|+ Common Courtrooms		\|+ 5. Common Courtrooms
	\|-		\|-
	! Jurisdiction !! First Appearance Court (Judge/JP) !! Arraignment / Plea Court (Judge/JP)		! Jurisdiction !! First Appearance Court (Judge/JP) !! Arraignment / Plea Court (Judge/JP)
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	\| colspan="3" style="font-weight: bold;" \| Vancouver’s Downtown Community Court (DCC)		\| colspan="3" style="font-weight: bold;" \| Vancouver’s Downtown Community Court (DCC)
	\|-		\|-
	\| colspan="3" \| The DCC differs from ~~normal~~ criminal courts in that it integrates a variety of agencies to address the underlying health and social problems that often lead to the commission of an offence.		\| colspan="3" \| The DCC differs from regular criminal courts in that it integrates a variety of agencies to address the underlying health and social problems that often lead to the commission of an offence.
	The DCC only has jurisdiction to take summary conviction cases where the offence occurred in Downtown Vancouver (with Clark Drive and Stanley Park as the east-west boundary; and Coal Harbour and Great Northern Way as the north-south boundary).		The DCC only has jurisdiction to take summary conviction cases where the offence occurred in Downtown Vancouver (with Clark Drive and Stanley Park as the east-west boundary; and Coal Harbour and Great Northern Way as the north-south boundary).
	\|-		\|-
	\| colspan="3" style="font-weight: bold;" \| Drug Treatment Court Vancouver (DTCV)		\| colspan="3" style="font-weight: bold;" \| Drug Treatment Court Vancouver (DTCV)
	\|-		\|-
	\| colspan="3" \| The goal of the Drug Court program is to reduce drug use in adults charged with offences motivated by drug addiction problems. Individuals charged under the ''Controlled Drugs & Substance Abuse Act'' and other drug-motivated ''Criminal Code'' offences are eligible for the drug treatment court program. In exchange for less severe sentences, offenders plead guilty and participate in a supervised drug treatment program, which includes individual and group counselling and social activities.		\| colspan="3" \| The goal of the Drug Court program is to reduce drug use in adults charged with offences motivated by drug addiction problems. Individuals charged under the '''Controlled Drugs & Substance Abuse Act''' and other drug-motivated '''Criminal Code''' offences are eligible for the drug treatment court program. In exchange for less severe sentences, offenders plead guilty and participate in a supervised drug treatment program, which includes individual and group counselling and social activities.
	\|}		\|}

	=== 5. Client Failed to Appear ===		=== 6. Client Failed to Appear ===
	Failure to appear for a scheduled court appearance is an offence (''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for their arrest. This can be verified online on the CSO website (see below). The client must be advised to report to the courthouse and apply to “vacate the warrant”. The client must be advised to turn themselves in immediately.		Failure to appear for a scheduled court appearance is an offence (''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for their arrest. This can be verified online on the CSO website (see below). The client must be advised to report to the courthouse and apply to “vacate the warrant”. The client must be advised to turn themselves in immediately.

← Older revision		Revision as of 14:25, 30 August 2022
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	\| APW \|\| Application for Warrant \|\| Used as the next appearance reason when an application for a warrant is made after the non appearance of the accused is noted.		\| APW \|\| Application for Warrant \|\| Used as the next appearance reason when an application for a warrant is made after the non appearance of the accused is noted.
	\|-		\|-
	\| AVB \|\| Application to Vary Bail \|\| Used as the "Appearance Reason" for the scheduled appearance when an Application is made by ~~Defence~~/accused to vary bail.		\| AVB \|\| Application to Vary Bail \|\| Used as the "Appearance Reason" for the scheduled appearance when an Application is made by defence/accused to vary bail.
	\|-		\|-
	\| CLC \|\| To Consult Counsel \|\| Used when ~~an accused~~ has been adjourned to another date to consult with counsel ~~(See CCFM Rule 8(2)(g))~~.		\| CLC \|\| To Consult Counsel \|\| Used when the matter has been adjourned to another date to give the accused an opportunity to consult with counsel.
	\|-		\|-
	\| CTD \|\| Confirm Trial Date \|\| Used when the accused is adjourned/scheduled to attend to confirm trial date.		\| CTD \|\| Confirm Trial Date \|\| Used when the accused is adjourned/scheduled to attend to confirm trial date.
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	\| DSP \|\| For Disposition \|\| Used when there is an indication that the matter is for disposition.		\| DSP \|\| For Disposition \|\| Used when there is an indication that the matter is for disposition.
	\|-		\|-
	\| FA \|\| First Appearance \|\| Used when the accused is not in custody ~~on that document~~ and ~~the expectation is that~~ the accused will be ~~attending~~ for the first time ~~before the court related to~~ a specific matter.		\| FA \|\| First Appearance \|\| Used when the accused is not in custody and the accused will be appearing for the first time on a specific matter.
	\|-		\|-
	\| FT \|\| For Trial \|\| Used for the first day of a trial on an Information or Indictment when a case is set before a Judge/Justice.		\| FT \|\| For Trial \|\| Used for the first day of a trial on an Information or Indictment when a case is set before a Judge/Justice.
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	\| JIR \|\| Judicial Interim Release \|\| Used to indicate an appearance by an accused who is in custody on the matter before the court and is used until bail has been granted or denied or the accused has chosen to remain in custody by consent.		\| JIR \|\| Judicial Interim Release \|\| Used to indicate an appearance by an accused who is in custody on the matter before the court and is used until bail has been granted or denied or the accused has chosen to remain in custody by consent.
	\|-		\|-
	\| PAR \|\| For Particulars \|\| Used when a case has been adjourned for the purpose of defence receiving particulars of the case from the ~~prosecutor~~.		\| PAR \|\| For Particulars \|\| Used when a case has been adjourned for the purpose of defence receiving particulars of the case from the Crown.
	\|-		\|-
	\| PTC \|\| Pre Trial Conference \|\| Used when the Court requires the parties to attend a conference to discuss issues prior to commencement of hearing/trial.		\| PTC \|\| Pre Trial Conference \|\| Used when the Court requires the parties to attend a conference to discuss issues prior to commencement of hearing/trial.
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	! Code !! Description !! Explanation		! Code !! Description !! Explanation
	\|-		\|-
	\| END \|\| Concluded \|\| ~~Used at~~ the ~~conclusion of an~~ issue ~~or a count~~.		\| END \|\| Concluded \|\| Indicates that the issue has been concluded.
	\|-		\|-
	\| IBC \|\| Initiated by Consent-adjournment \|\| Used as the appearance result when an adjournment to a future court date is consented to by all parties.		\| IBC \|\| Initiated by Consent-adjournment \|\| Used as the appearance result when an adjournment to a future court date is consented to by all parties.
	\|-		\|-
	\| IBD \|\| Initiated by Defence-adjournment \|\| Used as the appearance result when an adjournment to a future court date is initiated/requested by the accused~~/defendant/offender~~ or their counsel.		\| IBD \|\| Initiated by Defence-adjournment \|\| Used as the appearance result when an adjournment to a future court date is initiated/requested by the accused or their counsel.
	\|-		\|-
	\| IBJ \|\| Initiated by Judge/Justice - adjournment \|\| Used as the appearance result when an adjournment to a future court date is initiated by an adjudicator, for example: adjourned to give judgment/sentence/disposition /continuation.		\| IBJ \|\| Initiated by Judge/Justice - adjournment \|\| Used as the appearance result when an adjournment to a future court date is initiated by an adjudicator, for example: adjourned to give judgment/sentence/disposition /continuation.
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	\| SL \|\| Struck from List \|\| Used for cases that are struck from list when new process is issued.		\| SL \|\| Struck from List \|\| Used for cases that are struck from list when new process is issued.
	\|-		\|-
	\| WI \|\| Bench Warrant Issued \|\| Used when a warrant is issued by an adjudicator.		\| WI \|\| Bench Warrant Issued \|\| Used when a warrant for the accused is issued by an adjudicator, usually after the accused does not appear for a scheduled hearing.
	\|}		\|}
	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}