I've Been Charged with a Criminal (or Youth) Offence out-of-Town and Want to Move the Case Closer to Home

Criminal cases almost always are dealt with in the courthouse closest to where the alleged offence takes place. However, if you decide to plead guilty to the offence, you may be able to waive it to another location for the purpose of a guilty plea and sentencing.

(For general information on being charged with a criminal or youth offence, see page __ of this Guide).

First steps

1. Before you decide to plead guilty, get and read the circumstances, information, and the Crown Counsel’s initial sentencing position for your case. (See page ___).

2. If you then decide to plead guilty and you want to do so in a different court house, you need to fill in a Waiver Form. You can get one of these online at www.ag.gov.bc.ca/courts/forms/pcr/pcr301.pdf, or from a Court Registry. You can find the address and contact information for a Court Registry through Enquiry BC. You do not need to fill in the date of your court attendance at the new location. Crown Counsel will do that. Mail fax or deliver the Waiver to the Crown Counsel office in charge of the area where the offence took place (the “originating” office).

3. Make sure you attend (or have an agent attend for you) any scheduled court appearances, either at the originating location or at the location where you are waiving the charges to.

What happens next

The originating Crown Counsel will consider whether or not to approve the waiver. In some cases they will consult the Crown Counsel in charge of the area where you want to waive the charges to. (In fact, Crown Counsel in either location can generally approve a waiver).

If Crown Counsel approves the waiver, a court date will be set for you in the new location. Crown Counsel may advise you of this new date but it is your responsibility to make sure you know when and where your next court date is. If you don’t know your next court date and haven’t heard from the originating Crown Counsel for more than a week, you should contact their office.

Where to get help

See Part 2- Resources, starting on page 43, for a list of helpful resources. Your best bets are:

Enquiry BC at 1-800-663-7867 for the location and number of Court Registries and Crown Counsel offices in British Columbia. If the offence took place in a different province or territory of Canada, Enquiry BC may be able to provide you with the general enquiry number for that province or territory.

??#36-Legal aid representation, to see if you qualify for legal aid. ??#19-Duty counsel for assistance on the day you have to appear in court. ??#39-Native Courtworkers (for aboriginal clients). ??#1-Access Justice, #34-Lawyer Referral Service, #51-Salvation Army Pro Bono Lawyer Consultation Program, #45-Private Bar Lawyers. ??#35-Legal Services Society Publications: eg “If You are Charged with a Crime”, “Speaking to the Judge Before You are Sentenced” and “What to do if You are Charged with…”.

Before meeting with a lawyer or advocate, complete the form, Preparing for Your Interview, in Part 3 of this Guide. Make sure you bring copies of all documents relating to your case.

When you filling out the Waiver form, put the address of the originating Crown Counsel Office in the “from” box at the top right of the form. Put the address of the Crown Office responsible for the courthouse you want to waive the charge(s) to in the “to” box.

You can often have a charge waived from another province or territory of Canada to be dealt with by guilty plea in British Columbia. The process is similar but other provinces have different forms and procedures. Contact Enquiry BC for the number of the government information service for the other province or territory, which can give you contact information for the Crown Counsel office where the charges originated.

TIPS AND NOTES: Although the above procedure applies to indictable offences as well as summary ones, waiving charges that have already been moved to the BC Supreme Court, may be difficult. Consult a lawyer if this is your situation.

To give up a right or entitlement, or the opportunity to assert a right or enforce an entitlement. See "release."

In law, in British Columbia a person under the age of 19.

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

In law, someone acting on behalf of someone else, with that person's express permission and normally at their express direction.

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

(1) A lawyer, or (2) the advice given by a lawyer to their client.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."