LSLAP Policies on Criminal Law (1:X): Difference between revisions
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 7, 2024}} | ||
{{LSLAP Manual TOC|expanded = criminal}} | {{LSLAP Manual TOC|expanded = criminal}} | ||
== A. Who LSLAP | == A. Who LSLAP Can Help == | ||
LSLAP can help with many criminal matters, but there are restrictions. We can assist the following people: | LSLAP can help with many criminal matters, but there are restrictions. We can assist the following people: | ||
# people who do not have a serious criminal record; | # people who do not have a serious criminal record; | ||
# | # people against whom the Crown is not seeking jail time; | ||
# people who are charged with an adult summary conviction offence or hybrid offence where the Crown is proceeding summarily; | # people who are charged with an adult summary conviction offence or hybrid offence where the Crown is proceeding summarily; | ||
# people who are classified as low-income, determined on a case-by-case basis; | # people who are classified as low-income, determined on a case-by-case basis; | ||
# people whose cases are being tried in Provincial Court (not Supreme Court or Federal Court); | # people whose cases are being tried in Provincial Court (not Supreme Court or Federal Court); | ||
# people whose trial dates are 3 months away or longer. | # people facing a weapons prohibition hearing; | ||
# people whose trial dates are 3 months away or longer; | |||
# people applying through s. 684 for a court appointed lawyer; | |||
# complainants who are seeking either third party legal advice in relation to a proceeding or who are seeking general counsel with respect to the criminal justice system; | |||
# people facing bylaw offences; | |||
# people facing Motor Vehicle Act/Regulation offences (traffic tickets); and | |||
# people facing ICBC driving prohibitions | |||
It is important to note that all cases are contingent on the approval of LSLAP’s supervising lawyer. For trials, LSLAP is only able to help if the student is able to secure a volunteer supervising lawyer for the trial. | It is important to note that all cases are contingent on the approval of LSLAP’s supervising lawyer. For trials, LSLAP is only able to help if the student is also able to secure a volunteer supervising lawyer for the trial. | ||
== B. What | == B. What We Can Do for Our Clients == | ||
=== 1. If the | === 1. If the Client Meets LSLAP Requirements === | ||
LSLAP clinicians may provide assistance to clients including: | |||
* helping the accused obtain particulars and set trial dates; | * helping the accused obtain particulars and set trial dates; | ||
* representing an accused at trial for some summary offences with supervision, and/or speaking to sentence for such offences; | * representing an accused at trial for some summary offences with supervision, and/or speaking to sentence for such offences; | ||
Line 23: | Line 29: | ||
* applying for a diversion or peace bond for the client. | * applying for a diversion or peace bond for the client. | ||
=== 2. If the | === 2. If the Client Does Not Meet LSLAP Requirements === | ||
LSLAP clinicians may assist the client solely by providing the client with a referral. No advice | LSLAP clinicians may assist the client solely by providing the client with a referral. No advice can be given. If the client wishes to review a decision denying Legal Aid BC, LSLAP may be able to assist with this review. | ||
=== 3. What to | === 3. What to Do if LSLAP Cannot Represent a Client === | ||
Clients should be encouraged to find counsel as quickly as possible. If an accused must appear in court and has not yet found counsel, they should ask for an adjournment. It is common for the court to allow an adjournment for several weeks to permit the accused to obtain counsel after the first appearance. | Clients should be encouraged to find counsel as quickly as possible. If an accused must appear in court and has not yet found counsel, they should ask for an adjournment. It is common for the court to allow an adjournment for several weeks to permit the accused to obtain counsel after the first appearance. | ||
{{LSLAP Manual Navbox|type=chapters1-7}} | {{LSLAP Manual Navbox|type=chapters1-7}} |
Latest revision as of 20:56, 7 August 2024
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 7, 2024. |
A. Who LSLAP Can Help
LSLAP can help with many criminal matters, but there are restrictions. We can assist the following people:
- people who do not have a serious criminal record;
- people against whom the Crown is not seeking jail time;
- people who are charged with an adult summary conviction offence or hybrid offence where the Crown is proceeding summarily;
- people who are classified as low-income, determined on a case-by-case basis;
- people whose cases are being tried in Provincial Court (not Supreme Court or Federal Court);
- people facing a weapons prohibition hearing;
- people whose trial dates are 3 months away or longer;
- people applying through s. 684 for a court appointed lawyer;
- complainants who are seeking either third party legal advice in relation to a proceeding or who are seeking general counsel with respect to the criminal justice system;
- people facing bylaw offences;
- people facing Motor Vehicle Act/Regulation offences (traffic tickets); and
- people facing ICBC driving prohibitions
It is important to note that all cases are contingent on the approval of LSLAP’s supervising lawyer. For trials, LSLAP is only able to help if the student is also able to secure a volunteer supervising lawyer for the trial.
B. What We Can Do for Our Clients
1. If the Client Meets LSLAP Requirements
LSLAP clinicians may provide assistance to clients including:
- helping the accused obtain particulars and set trial dates;
- representing an accused at trial for some summary offences with supervision, and/or speaking to sentence for such offences;
- contacting and negotiating with the Crown, in some cases, to agree in advance to a disposition favourable to the client; and
- applying for a diversion or peace bond for the client.
2. If the Client Does Not Meet LSLAP Requirements
LSLAP clinicians may assist the client solely by providing the client with a referral. No advice can be given. If the client wishes to review a decision denying Legal Aid BC, LSLAP may be able to assist with this review.
3. What to Do if LSLAP Cannot Represent a Client
Clients should be encouraged to find counsel as quickly as possible. If an accused must appear in court and has not yet found counsel, they should ask for an adjournment. It is common for the court to allow an adjournment for several weeks to permit the accused to obtain counsel after the first appearance.
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