Initial Client Intake for Criminal Matters (1:III)
A. Determine the status of the file
When a client comes into the clinic and informs a clinician that he or she must appear in court, the first thing to do is determine the nature of the next appearance.
1. Client comes to the clinic before the first appearance date
The clinician should first advise the client he or she must attend court at each appearance date. The clinician should further advise about the nature of the first appearance, and be told that the trial never proceeds at that time. If the time before the first appearance date is brief 1-4 (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 his or her case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client’s "side of the story" until particulars are obtained and they have met with the supervising lawyer.
2. Client has already appeared in court
If the client has only appeared in court once, he or she has 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.
3. The trial has already been set
LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the client can be advised 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 client should be advised that LSLAP cannot act and it is their responsibility to seek other counsel.
- Note: Several pamphlets available from the Legal Services Society may help a client prepare for his or her 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".
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.