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

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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.
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. (Add from original everything
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:''' Judges are addressed as "Your Honour" in court while JPs are addressed as "Your Worship."
:'''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 ===
=== 1. Interacting with Crown ===
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* Stand on the other side of the podium from Crown Counsel and furthest away from the witness box;
* 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 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;
* 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;
* Do not interrupt the judge. Listen to what the judge says;
* Pause briefly to consider your words and then respond;
* Pause briefly to consider your words and then respond;
* Address all remarks to Crown Counsel through the judge; and
* Address all remarks to Crown Counsel through the judge; and
* Do not quarrel with Crown Counsel, witnesses or the Court.
* Do not quarrel with Crown Counsel, witnesses or the Court.
* '''Slow down.''' The judge will likely be taking notes. One should speak and writing speed and should not be afraid of gaps. He or she should not try to fill in the pauses with filler words such as “like” and “um.
* '''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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