5,109
edits
Difference between revisions of "Information on Criminal Law for LSLAP Students (1:XI)"
From Clicklaw Wikibooks
Information on Criminal Law for LSLAP Students (1:XI) (view source)
Revision as of 01:26, 30 August 2022
, 01:26, 30 August 2022→A. Determine the status of the file
| Line 2: | Line 2: | ||
{{LSLAP Manual TOC|expanded = criminal}} | {{LSLAP Manual TOC|expanded = criminal}} | ||
== A. Determine the | == A. Determine the Status of the File == | ||
When a client comes into the clinic and informs a clinician that they must appear in court, the first thing to do is determine the nature of the next appearance. | When a client comes into the clinic and informs a clinician that they must appear in court, the first thing to do is determine the nature of the next appearance. | ||
:'''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. | |||
=== 1. Client comes to the clinic before the first appearance date === | === 1. Client comes to the clinic before the first appearance date === | ||
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 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. | '''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. | ||
| Line 28: | Line 30: | ||
:'''NOTE:''' Several pamphlets available from the Legal Services Society may help a client prepare for their own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”. | :'''NOTE:''' Several pamphlets available from the Legal Services Society may help a client prepare for their own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”. | ||
{ | {| colspan="3" style="text-align: center; font-weight: bold;" | Common Courtooms | ||
| colspan="3" style="text-align: center; font-weight: bold;" | Common Courtooms | |||
|- | |- | ||
| style="text-align: center; font-weight: bold;" | Jurisdiction | | style="text-align: center; font-weight: bold;" | Jurisdiction | ||
| Line 83: | Line 79: | ||
=== 5. Client failed to appear === | === 5. 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 their 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 themselves 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 their 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 themselves in immediately. | ||
== B. Discuss LSLAP file procedures and policies with the client == | == B. Discuss LSLAP file procedures and policies with the client == | ||
