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Difference between revisions of "Practice Recommendations on Criminal Law for Law Students (1:XIII)"
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Practice Recommendations on Criminal Law for Law Students (1:XIII) (view source)
Revision as of 23:11, 8 February 2020
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Students must never force an accused person to choose a particular option, particularly one where the accused is required to admit guilt. '''It is always the client who ultimately decides the course of action they wish to follow.''' | Students must never force an accused person to choose a particular option, particularly one where the accused is required to admit guilt. '''It is always the client who ultimately decides the course of action they wish to follow.''' | ||
The accused may ask the student what they should do or what option they should take. The student should always remind the client that the choice is up to them, and refrain from telling the | The accused may ask the student what they should do or what option they should take. The student should always remind the client that the choice is up to them, and refrain from telling the client what to do. Explain the options open to the student again and review the risks and consequences facing the client for each option. However, the student must not counsel a client to plead guilty unless he or she is actually guilty '''AND''' the Crown can prove its case beyond a reasonable doubt. | ||
In explaining the student’s assessment of whether Crown can prove its case beyond a reasonable doubt the student should never give clients “odds” or their chances of winning an acquittal, rather students should point out the possible defences available to the client and the difficulties, if any, of arguing such a defence. | In explaining the student’s assessment of whether Crown can prove its case beyond a reasonable doubt the student should never give clients “odds” or their chances of winning an acquittal, rather students should point out the possible defences available to the client and the difficulties, if any, of arguing such a defence. | ||
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== 2. Setting the trial date == | == 2. Setting the trial date == | ||
LSLAP clinicians are encouraged to, but are not required to appear in court to set a trial date. The trial date must be set with the approval of the supervising lawyer and according to LSLAP trial | LSLAP clinicians are encouraged to, but are not required to appear in court to set a trial date. The trial date must be set with the approval of the supervising lawyer and according to LSLAP trial availability. Before attending court to set a trial date, confirm the length of time needed by the defence with the LSLAP supervising lawyer. | ||
:'''NOTE:''' The client '''must''' still attend the Arraignment Hearing and enter a plea of not guilty in order for the trial date to be set. | :'''NOTE:''' The client '''must''' still attend the Arraignment Hearing and enter a plea of not guilty in order for the trial date to be set. | ||