Difference between revisions of "Information on Criminal Law for LSLAP Students (1:XI)"

:'''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.

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.

'''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.

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.

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.

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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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.

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.