Difference between revisions of "How to Prepare For and Conduct a Non-custodial Sentencing Hearing as a Law Student (1:App D)"

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{{LSLAP Manual TOC|expanded = criminal}}
{{LSLAP Manual TOC|expanded = criminal}}
 
==How to prepare for a sentencing hearing as a law student==
#Complete the client questionnaire.
#Complete the client questionnaire.
#Determine the available sentence and the appropriate range of sentence. Review sections 720-729 of the ''Criminal Code'' and, in particular, section 718.
#Determine the available sentence and the appropriate range of sentence. Review sections 720-729 of the ''Criminal Code'' and, in particular, section 718.
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#Collect reference letters or letters of employment. Make 2 copies of each '''and confirm with the writers of the letter that the letters are  authentic. The letters must state that the writer is aware of the criminal charges.'''  
#Collect reference letters or letters of employment. Make 2 copies of each '''and confirm with the writers of the letter that the letters are  authentic. The letters must state that the writer is aware of the criminal charges.'''  


'''Procedure (after the Crown has made submissions)'''
==Procedure (after the Crown has made submissions)==
#Tell the judge what you are seeking in terms of a sentence
#Tell the judge what you are seeking in terms of a sentence
#Tell the judge whether you are in agreement with the Crown’s sentencing position in terms of the sentence, the length, & conditions
#Tell the judge whether you are in agreement with the Crown’s sentencing position in terms of the sentence, the length, & conditions
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'''LSLAP clinicians:  please  review  the section  of  the Guide  to  Criminal Defence  Work  with  respect  to court etiquette and guilty pleas/sentencing.'''
'''LSLAP clinicians:  please  review  the section  of  the Guide  to  Criminal Defence  Work  with  respect  to court etiquette and guilty pleas/sentencing.'''


'''Sentencing Submissions Script'''
==Sentencing Submissions Script==
#Crown calls the case
#Crown calls the case
#Introduce yourself – go up to the counsel table and motion for your client to stand beside you –  “Your Honour, my name is Jane Doe, last name spelled D-O-E. I am a law student with the UBC Law Students’ Legal Advice Program and with the court’s leave I represent John Smith, who is present before the court.” – Getyour client to stand up from where they are seated. If they are in the gallery get them to cross the bar to stand beside you.
#Introduce yourself – go up to the counsel table and motion for your client to stand beside you –  “Your Honour, my name is Jane Doe, last name spelled D-O-E. I am a law student with the UBC Law Students’ Legal Advice Program and with the court’s leave I represent John Smith, who is present before the court.” – Getyour client to stand up from where they are seated. If they are in the gallery get them to cross the bar to stand beside you.

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