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

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Information on Criminal Law for LSLAP Students (1:XI) (view source)

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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.


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