Etiquette for Criminal Matters (1:III): Difference between revisions

Latest revision as of 00:41, 31 July 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 6, 2024.

A. Courtroom Procedure for Self-Represented Litigants

When an accused attends court for a matter, they should check the court lists to confirm in which courtroom the matter is to be heard. If the court is not sitting at the time, the accused should attempt to seek out the Crown Counsel who has conduct of the matter and identify themselves.

To get their matter called, the self-represented accused person should indicate to Crown Counsel or the Crown assistant that they are present, self-represented, and ready to proceed. If Crown Counsel is not physically present, but appearing over Microsoft Teams, the accused should notify the Sheriff or Duty Counsel that they are present. Crown Counsel will proceed with the shortest matters first; priority will also be given to matters for which the accused and their counsel are present. Do not interrupt Crown Counsel when they are addressing a matter.

When the Judge enters or exits the court, the accused should stand. If the court is sitting, the accused should enter the courtroom, and be seated at the chairs located behind the bar that separates the public gallery from the “well” of the courtroom in front of the judge’s bench.

When the matter is called, the accused should rise and approach the counsel’s table. They should stand on the other side of the podium from the Crown. The rule of thumb is that Crown is seated next to the witness box while the defence and the accused are seated furthest away.

NOTE: Provincial Court Judges wear robes and are addressed as “Your Honour” in court while Justices of the Peace wear suits or other clothing, and are addressed as “Your Worship.” The top of a court list will also indicate whether the matter is being heard in front of a Judge or JP.

1. Interacting with Crown

When interacting with the Crown (or anyone else), the accused should always be pleasant and polite. There are times when the accused needs to be more assertive, but this should be done in a tactful way. The accused should always respect the Crown, even when pointing out errors.

2. Courtroom Demeanour & Etiquette

Be well-groomed and well-dressed;
Always be polite to everyone in the courtroom;
Never mislead the court;
Be punctual. Do not waste the court’s time;
Address the court in a loud clear voice. Most microphones in the courtrooms are only for recording and not for amplification purposes;
Stand when the judge enters or leaves the courtroom;
Stand when addressing the Court, being addressed by the Court, objecting and responding to objections. Stand when (or if) you are being sentenced or convicted;
Sit when Crown Counsel is speaking to the court or interjects to make an objection;
Stand on the other side of the podium from Crown Counsel and furthest away from the witness box;
Be well prepared. Know the factual basis of your file, the applicable law and the relevant procedural rules. Part of being well prepared means being able to answer questions from the court;
Be respectful in your comments. In your dealings with the Court adopt a formal approach which reflects courtesy and respect for the authority of the court. Let the court know what you are doing with phrases such as “with your Honour’s leave I would like to approach the witness to show him his statement”;
Do not interrupt the judge. Listen to what the judge says;
Pause briefly to consider your words and then respond;
Address all remarks to Crown Counsel through the judge;
Do not quarrel with Crown Counsel, witnesses, or the Court;
Slow down. The judge will likely be taking notes, if you see that the judge is not looking at you and writing things down, pause and wait.

3. Appearing Remotely

Since the COVID-19 Pandemic an increasing number of court appearances are conducted remotely, both by legal representatives and accused persons. In BC, the Provincial Courts have chosen to use Microsoft Teams (“MS Teams”) for remote court appearances. The defence/self-represented accused can either dial in to the MS Teams meeting using a phone or join via a computer with a working internet connection and appear via video call.

If the defence/accused wishes to attend the appearance remotely, determine at which courthouse and in which courtroom the appearance is taking place, using Court Services Online (https://justice.gov.bc.ca/cso/esearch/criminal/partySearch.do). Call the court registry for that courthouse, tell them the courtroom, date, and time of the appearance. Ask for either the dial in number or the e-mail link for MS Teams for that courtroom on that day. The defence/accused may also wish to ask for the conference number to ensure they attend the correct courtroom.

If the defence/accused intends to appear remotely, and knows which Crown Counsel is assigned to the court file, it is a good idea to email or call that Crown Counsel and let them know that they will be appearing remotely, specifying whether they expect to attend by telephone or MS Teams. All technology is prone to breakdowns and interruptions. If Crown Counsel knows that the defence/accused intends to appear by MS Teams, they will be slow to seek a bench warrant if the defence/accused is not present on the phone or on MS Teams at the correct time.

If appearing on MS Teams, the camera and microphone should be kept off until the accused’s matter is called. The defence/accused should use the chat function of MS Teams to let Crown Counsel and the court know for which matter they are present in court to address (last name and number of matter). Once the matter is called, turn on the camera. Only unmute the microphone when it is the defence’s turn to speak.

Please note that, if appearing remotely, it is likely that the matter will be called later than if the defence/accused had attended in person. Law students representing clients are encouraged to attend appearances in person (unless ill) to observe the workflow of the active court.

For further information about appearing remotely and official court rules please refer to the memorandum produced by the Provincial Court of British Columbia, NP 21 Remote Attendance in the Provincial Court: https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/NP%2021%20Guide%20to%20Virtual%20Proceedings.pdf.

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+{{REVIEWED LSLAP | date= August 6, 2024}}
 {{LSLAP Manual TOC|expanded = criminal}}
-== A. Courtroom etiquette for law students ==
+== A. Courtroom Procedure for Self-Represented Litigants ==
-When a clinician attends court for a matter, he or she should check the court lists to confirm which courtroom the matter is to be heard in. If the court is not sitting at the time, the clinician should attempt to seek out the Crown Counsel who has conduct of the matter, and identify him or herself.
-In order to get the client’s matter called clinicians should indicate to Crown Counsel or the Crown assistant that both client and counsel are present and ready to proceed. Crown Counsel will proceed with the shortest matters first; priority will also be given to matters for which the accused ''and their counsel are present''. Do not  interrupt Crown Counsel when they are addressing a matter.
-When the judge enters or exits the court, the clinician should rise and bow to the judge.
+When an accused attends court for a matter, they should check the court lists to confirm in which courtroom the matter is to be heard.  If the court is not sitting at the time, the accused should attempt to seek out the Crown Counsel who has conduct of the matter and identify themselves.
-If the court is sitting, the clinician should enter the courtroom, bow to the judge at the door and/or the bar of the court, and be seated at the chairs located beyond the bar.
+To get their matter called, the self-represented accused person should indicate to Crown Counsel or the Crown assistant that they are present, self-represented, and ready to proceed.  If Crown Counsel is not physically present, but appearing over Microsoft Teams, the accused should notify the Sheriff or Duty Counsel that they are present. Crown Counsel will proceed with the shortest matters first; priority will also be given to matters for which the accused '''and their counsel''' are present.  Do not interrupt Crown Counsel when they are addressing a matter.
-When the matter is called, the clinician should rise and approach the counsel's table. The clinician should stand on the other side of the podium from the Crown. The rule of thumb is that Crown is seated next to the witness box while defence is seated furthest away.
+When the Judge enters or exits the court, the accused should stand.  If the court is sitting, the accused should enter the courtroom, and be seated at the chairs located behind the bar that separates the public gallery from the “well” of the courtroom in front of the judge’s bench.
-The clinician should invite the client to come forward and address the court in a loud, clear voice, keeping  in  mind  that  the  microphones  in  most  courtrooms  are  only  for  recording  and  not  for amplification purposes. The clinician should introduce himself or herself in the following manner:
+When the matter is called, the accused should rise and approach the counsel’s table.  They should stand on the other side of the podium from the Crown. The rule of thumb is that Crown is seated next to the witness box while the defence and the accused are seated furthest away.
-<blockquote>"Your Honour. My name is <Full Name><Spell Out Last Name>, first  initial. I am a law student with the UBC Law Students' Legal Advice Program, and with leave of the Court, representing Mr./Ms. _______________ who  is  here  in  the  court today."
+:'''NOTE:''' Provincial Court Judges wear robes and are addressed as “Your Honour” in court while Justices of the Peace wear suits or other clothing, and are addressed as “Your Worship.” The top of a court list will also indicate whether the matter is being heard in front of a Judge or JP.
-</blockquote>
-:'''Note:''' Judges are addressed as "Your Honour" in court while JPs are addressed as "Your Worship."
-If there is a supervising lawyer present, they ''must'' be introduced as well at this time. The clinician should then remind the court what is to occur with the file (e.g. the matter is set for an arraignment hearing or disposition or trial, etc.).
+=== 1. Interacting with Crown ===
+When interacting with the Crown (or anyone else), the accused should always be pleasant and polite.  There are times when the accused needs to be more assertive, but this should be done in a tactful way.  The accused should always respect the Crown, even when pointing out errors.
+=== 2. Courtroom Demeanour & Etiquette ===
+* Be well-groomed and well-dressed;
+* Always be polite to everyone in the courtroom;
+* Never mislead the court;
+* Be punctual. Do not waste the court’s time;
+* Address the court in a loud clear voice. Most microphones in the courtrooms are only for recording and not for amplification purposes;
+* Stand when the judge enters or leaves the courtroom;
+* Stand when addressing the Court, being addressed by the Court, objecting and responding to objections. Stand when (or if) you are being sentenced or convicted;
+* Sit when Crown Counsel is speaking to the court or interjects to make an objection;
+* Stand on the other side of the podium from Crown Counsel and furthest away from the witness box;
+* Be well prepared. Know the factual basis of your file, the applicable law and the relevant procedural rules. Part of being well prepared means being able to answer questions from the court;
+* Be respectful in your comments. In your dealings with the Court adopt a formal approach which reflects courtesy and respect for the authority of the court. Let the court know what you are doing with phrases such as “with your Honour’s leave I would like to approach the witness to show him his statement”;
+* Do not interrupt the judge. Listen to what the judge says;
+* Pause briefly to consider your words and then respond;
+* Address all remarks to Crown Counsel through the judge;
+* Do not quarrel with Crown Counsel, witnesses, or the Court;
+* '''Slow down.''' The judge will likely be taking notes, if you see that the judge is not looking at you and writing things down, pause and wait.
+=== 3. Appearing Remotely ===
+Since the COVID-19 Pandemic an increasing number of court appearances are conducted remotely, both by legal representatives and accused persons.  In BC, the Provincial Courts have chosen to use Microsoft Teams (“MS Teams”) for remote court appearances.  The defence/self-represented accused can either dial in to the MS Teams meeting using a phone or join via a computer with a working internet connection and appear via video call.
+If the defence/accused wishes to attend the appearance remotely, determine at which courthouse and in which courtroom the appearance is taking place, using Court Services Online (https://justice.gov.bc.ca/cso/esearch/criminal/partySearch.do).  Call the court registry for that courthouse, tell them the courtroom, date, and time of the appearance. Ask for either the dial in number or the e-mail link for MS Teams for that courtroom on that day.  The defence/accused may also wish to ask for the conference number to ensure they attend the correct courtroom.
+If the defence/accused intends to appear remotely, and knows which Crown Counsel is assigned to the court file, it is a good idea to email or call that Crown Counsel and let them know that they will be appearing remotely, specifying whether they expect to attend by telephone or MS Teams.  All technology is prone to breakdowns and interruptions.  If Crown Counsel knows that the defence/accused intends to appear by MS Teams, they will be slow to seek a bench warrant if the defence/accused is not present on the phone or on MS Teams at the correct time.
+If appearing on MS Teams, the camera and microphone should be kept off until the accused’s matter is called.  The defence/accused should use the chat function of MS Teams to let Crown Counsel and the court know for which matter they are present in court to address (last name and number of matter).  Once the matter is called, turn on the camera. Only unmute the microphone when it is the defence’s turn to speak.
+Please note that, if appearing remotely, it is likely that the matter will be called later than if the defence/accused had attended in person.  Law students representing clients are encouraged to attend appearances in person (unless ill) to observe the workflow of the active court.
+For further information about appearing remotely and official court rules please refer to the memorandum produced by the Provincial Court of British Columbia, NP 21 Remote Attendance in the Provincial Court:
+https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/NP%2021%20Guide%20to%20Virtual%20Proceedings.pdf.
-Upon completion of the clinician’s appearance, on exiting the courtroom the clinician should turn and bow to the judge at the bar of the court and/or the door.
-=== 1. Interacting with Crown ===
-When interacting with the Crown (or anyone else for that matter), students should always be pleasant and polite. They are people you may continue to work with for many years. There are times when students need to be more assertive but this should be done in a tactful way. Student should always respect the Crown, even when pointing out errors. Clinicians should be firm, but polite.
-==== Etiquette & court room demeanor ====
+{{LSLAP Manual Navbox|type=chapters1-7}}
-#Be well groomed and well dressed. Men must wear a suit jacket (blazer), dress pants, and a tie; while women must wear a blazer and skirt or dress pants. Shoes (as with all attire) must be professional.
-#Always act with professionalism & integrity. Never mislead the Court.
-#Maintain  an  attitude  of  confidence,  politeness,  and  courtesy  to  all  court  personnel  and opposing counsel.
-#Be punctual. Don't waste the Court's time.
-#Address the court in a loud clear voice. Most microphones in the courtrooms are only for recording and not for amplification purposes.
-#Always identify yourself as a student with LSLAP. Introduce yourself by stating your name for  the  record  and  spelling  your  surname. ''If  you  have  a  supervising  lawyer  present, always introduce them.''
-#Stand and bow when the judge enters or leaves the courtroom.
-#Stand when addressing the Court, being addressed by the Court, objecting and responding to objections. Stand when (or if) your client is being sentenced or convicted.
-#Sit when opposing counsel is speaking to the court, or interjects to make an objection.
-#Stand on the other side of the podium from Crown Counsel and furthest away from the witness box.
-#Be well prepared. Know the factual basis of your file, the applicable law and the relevant procedural rules. Part of being well prepared means being able to answer questions from the court.
-#Pause briefly to consider your words and then respond.
-#Address all remarks to opposing counsel through the Court.
-#Don't quarrel with opposing counsel or the Court.
-#Be respectful in your comments. In your dealings with the Court adopt a formal approach which reflects courtesy and respect for the authority of the court. Let the court know what you are doing with phrases such as "with your Honour's leave I would like to approach the witness to show him his statement."
-#Don't interrupt the judge. Listen to what the judge says.
-#Pause briefly to consider your words and then respond.
-#Address all remarks to opposing counsel through the Court.
-#Don't quarrel with opposing counsel or the Court.