Difference between revisions of "Etiquette for Criminal Matters (1:III)"

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{{REVIEWED LSLAP | date= August 4, 2021}}
 
{{LSLAP Manual TOC|expanded = criminal}}
 
{{LSLAP Manual TOC|expanded = criminal}}
  
== A. Courtroom etiquette for law students ==
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== A. Courtroom procedure for self-represented litigants ==
When a clinician 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 clinician should attempt to seek out the Crown Counsel who has conduct of the matter, and identify him or herself.  
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When an accused attends court for a matter, they 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 themselves.
  
In order to get the client’s matter called clinicians should indicate to Crown Counsel or the Crown assistant that both client and counsel are present 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.  
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In order to get their matter called, the self-represented accused person should indicate to Crown Counsel or the Crown assistant that they are 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 clinician should rise and bow to the judge.
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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.
  
If the court is sitting, the clinician should enter the courtroom, bow to the judge at the door and/or the bar of the court, and be seated at the chairs located beyond the bar.  
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When the matter is called, the accused should rise and approach the counsel’s table. They 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 they are ready to proceed.  
  
When the matter is called, the clinician should rise and approach the counsel's table. The clinician 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 defence is seated furthest away.
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:'''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.
  
The clinician should invite the client to come forward and address the court in a loud, clear voice, keeping  in  mind  that  the  microphones  in  most  courtrooms  are  only  for  recording  and  not  for amplification purposes. The clinician should introduce himself or herself in the following manner:
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=== 1. Interacting with Crown ===
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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.
  
<blockquote>"Your Honour. My name is <Full Name><Spell Out Last Name>, first  initial. I am a law student with the UBC Law Students' Legal Advice Program, and with leave of the Court, representing Mr./Ms. _______________ who  is  here  in  the  court today."
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=== 2. Courtroom Demeanour & Etiquette ===
</blockquote>
 
  
*'''Note:''' Judges are addressed as "Your Honour" in court while JPs are addressed as "Your Worship."
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* Be well-groomed and well-dressed;
 
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* Always be polite to everyone in the courtroom;
If there is a supervising lawyer present, they ''must'' be introduced as well at this time. The clinician should then remind the court what is to occur with the file (e.g. the matter is set for an arraignment hearing or disposition or trial, etc.).
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* Never mislead the court;
 
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* Be punctual. Do not waste the court’s time;
Upon completion of the clinician’s appearance, on exiting the courtroom the clinician should turn and bow to the judge at the bar of the court and/or the door.
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* Address the court in a loud clear voice. Most microphones in the courtrooms are only for recording and not for amplification purposes;
 
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* Stand when the judge enters or leaves the courtroom;
=== 1. Interacting with Crown ===
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* 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;
When interacting with the Crown (or anyone else for that matter), students should always be pleasant and polite. They are people you may continue to work with for many years. There are times when students need to be more assertive but this should be done in a tactful way. Student should always respect the Crown, even when pointing out errors. Clinicians should be firm, but polite.
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* Sit when Crown counsel is speaking to the court, or interjects to make an objection;
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* Stand on the other side of the podium from Crown Counsel and furthest away from the witness box;
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* 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;
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* 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";
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* Do not interrupt the judge. Listen to what the judge says;
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* Pause briefly to consider your words and then respond;
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* Address all remarks to Crown Counsel through the judge;
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* Do not quarrel with Crown Counsel, witnesses or the Court; and
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* '''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.
  
==== Etiquette & court room demeanor ====
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{{LSLAP Manual Navbox|type=chapters1-7}}
*Be well groomed and well dressed. Men must wear a suit jacket (blazer), dress pants, and a tie; while women must wear a blazer and skirt or dress pants. Shoes (as with all attire) must be professional.
 
*Always act with professionalism & integrity. Never mislead the Court.
 
*Maintain  an  attitude  of  confidence,  politeness,  and  courtesy  to  all  court  personnel  and opposing counsel.
 
*Be punctual. Don't 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.
 
*Always identify yourself as a student with LSLAP. Introduce yourself by stating your name for  the  record  and  spelling  your  surname. ''If  you  have  a  supervising  lawyer  present, always introduce them.''
 
*Stand and bow 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) your client is being sentenced or convicted.
 
*Sit when opposing 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.
 
*Pause briefly to consider your words and then respond.
 
*Address all remarks to opposing counsel through the Court.
 
*Don't quarrel with opposing counsel or 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."
 
*Don't interrupt the judge. Listen to what the judge says.
 
*Pause briefly to consider your words and then respond.
 
*Address all remarks to opposing counsel through the Court.
 
*Don't quarrel with opposing counsel or the Court.
 

Latest revision as of 20:45, 4 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 4, 2021.



A. Courtroom procedure for self-represented litigants[edit]

When an accused attends court for a matter, they 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 themselves.

In order to get their matter called, the self-represented accused person should indicate to Crown Counsel or the Crown assistant that they are 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. They 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 they are 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[edit]

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 Demeanour & Etiquette[edit]

  • 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;
  • Do not quarrel with Crown Counsel, witnesses or the Court; and
  • 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.
© Copyright 2021, The Greater Vancouver Law Students' Legal Advice Society.