5,483
edits
Difference between revisions of "Initial Client Intake for Criminal Matters (1:III)"
From Clicklaw Wikibooks
Initial Client Intake for Criminal Matters (1:III) (view source)
Revision as of 06:15, 29 September 2015
, 06:15, 29 September 2015no edit summary
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 71: | Line 71: | ||
=== 4. Client failed to appear === | === 4. Client failed to appear === | ||
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 his or her arrest. This can be verified online on the CSO website (see box above for link). The client must be advised to report to the courthouse and apply to "vacate the warrant". The client must be advised to turn himself or herself 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 his or her arrest. This can be verified online on the CSO website (see box above for link). The client must be advised to report to the courthouse and apply to "vacate the warrant". The client must be advised to turn himself or herself in immediately. | ||
== 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 client will attend all court appearances as required. 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. | |||
#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. | |||
#Clinicians cannot follow illegal or unethical instructions, such as tampering with witnesses or counselling a Crown witness not to attend court. Clinicians also cannot put the client on the stand knowing that the client will be untruthful and commit perjury. Students should be advised to speak to a supervising lawyer if there are any emerging ethical concerns. | |||
