Etiquette for Criminal Matters (1:III)
A. Courtroom procedure for self-represented litigants
When an accused attends court for a matter, he or she should check the court lists to confirm which courtroom the matter is to be heard in. If the court is not sitting at the time, the accused should attempt to seek out the Crown Counsel who has conduct of the matter, and identify him or herself.
In order to get his matter called the self-represented accused person should indicate to Crown Counsel or the Crown assistant that he/she is present, self-represented, and ready to proceed. Crown Counsel will proceed with the shortest matters first; priority will also be given to matters for which the accused and their counsel are present. Do not interrupt Crown Counsel when they are addressing a matter.
When the Judge enters or exits the court, the accused should stand. If the court is sitting, the accused should enter the courtroom, and be seated at the chairs located behind the bar.
When the matter is called, the accused should rise and approach the counsel’s table. He or she should stand on the other side of the podium from the Crown. The rule of thumb is that Crown is seated next to the witness box while the defence and the accused are seated furthest away. In order to get the matter called, the accused should indicate to the sheriff or the Crown that he/she is ready to proceed.
- NOTE: Provincial Court Judges wear robes and are addressed as “Your Honour” in court while JPs wear suits or other clothing, and are addressed as “Your Worship.”
1. Interacting with Crown
When interacting with the Crown (or anyone else for that matter), the accused should always be pleasant and polite. There are times when the accused needs to be more assertive but this should be done in a tactful way. The accused should always respect the Crown, even when pointing out errors.
2. Courtroom demeanor & etiquette
- Be well-groomed and well-dressed
- Always be polite to everyone in the courtroom
- Never mislead the court.
- Be punctual. Do not waste the court’s time
- Address the court in a loud clear voice. Most microphones in the courtrooms are only for recording and not for amplification purposes;
- Stand when the judge enters or leaves the courtroom;
- Stand when addressing the Court, being addressed by the Court, objecting and responding to objections. Stand when (or if) you are being sentenced or convicted;
- Sit when Crown counsel is speaking to the court, or interjects to make an objection;
- Stand on the other side of the podium from Crown Counsel and furthest away from the witness box;
- Be well prepared. Know the factual basis of your file, the applicable law and the relevant procedural rules. Part of being well prepared means being able to answer questions from the court;
- Be respectful in your comments. In your dealings with the Court adopt a formal approach which reflects courtesy and respect for the authority of the court. Let the court know what you are doing with phrases such as “with your Honour’s leave I would like to approach the witness to show him his statement";
- Do not interrupt the judge. Listen to what the judge says;
- Pause briefly to consider your words and then respond;
- Address all remarks to Crown Counsel through the judge; and
- Do not quarrel with Crown Counsel, witnesses or the Court.
- Slow down. The judge will likely be taking notes, if you see that the judge is not looking at you and writing things down pause and wait.
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