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Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"
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Other Issues in Criminal Matters (1:VIII) (view source)
Revision as of 18:02, 29 December 2020
, 18:02, 29 December 2020no edit summary
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The client may have been stopped by the police or observed doing "something wrong," but has not yet received a summons. To see if a client has been officially charged, contact the Vancouver police or the RCMP to see if a report to Crown Counsel has been made. It is also possible to check with the court clerk, the police, or the Crown Counsel office to see if an Information has been laid and forwarded to Crown Counsel. If there is an outstanding warrant for the client’s arrest, the accused must be advised that he should turn himself in immediately. This is a critical time to advise clients of their legal rights, including the right to remain silent. | The client may have been stopped by the police or observed doing "something wrong," but has not yet received a summons. To see if a client has been officially charged, contact the Vancouver police or the RCMP to see if a report to Crown Counsel has been made. It is also possible to check with the court clerk, the police, or the Crown Counsel office to see if an Information has been laid and forwarded to Crown Counsel. If there is an outstanding warrant for the client’s arrest, the accused must be advised that he should turn himself in immediately. This is a critical time to advise clients of their legal rights, including the right to remain silent. | ||
== B | == B. Staying a charge == | ||
Once the Information has been laid, the prosecution of the case is in the hands of the Crown. The Crown can only stay a charge if there is no substantial likelihood of conviction, or if it is not in the public interest to proceed with the charge. | Once the Information has been laid, the prosecution of the case is in the hands of the Crown. The Crown can only stay a charge if there is no substantial likelihood of conviction, or if it is not in the public interest to proceed with the charge. | ||
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''If the complainant and the accused both seek advice from LSLAP, the student must be aware that this is a serious conflict of interest''. The second party must seek independent advice even if the complainant and accused are husband and wife. Under no circumstances should counsel for the accused advise the complainant, or vice versa. If the other party approaches LSLAP for advice, they must be immediately referred to their own legal counsel. | ''If the complainant and the accused both seek advice from LSLAP, the student must be aware that this is a serious conflict of interest''. The second party must seek independent advice even if the complainant and accused are husband and wife. Under no circumstances should counsel for the accused advise the complainant, or vice versa. If the other party approaches LSLAP for advice, they must be immediately referred to their own legal counsel. | ||
== | == C. Appeal == | ||
The accused has a right to appeal a conviction or sentence or both. Appeals must be filed within 30 days of the sentence. A client who believes that he or she has a strong case for an appeal should be referred to the Lawyer Referral Service as LSLAP does not handle appeals. | The accused has a right to appeal a conviction or sentence or both. Appeals must be filed within 30 days of the sentence. A client who believes that he or she has a strong case for an appeal should be referred to the Lawyer Referral Service as LSLAP does not handle appeals. | ||
== | == D. Default in payment of fine or non-compliance with order == | ||
=== 1. Provincial offences === | === 1. Provincial offences === | ||
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If a fine or a community work service is ordered, the court may grant more time for payment or completion of hours. This is granted when a person has a legitimate excuse for wanting an extension. | If a fine or a community work service is ordered, the court may grant more time for payment or completion of hours. This is granted when a person has a legitimate excuse for wanting an extension. | ||
== | == E. Criminal records == | ||
=== 1. What is a criminal record? === | === 1. What is a criminal record? === | ||
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All youth convictions are sealed at the time the person turns 18 years old. However, if a person is found guilty of an adult ''Criminal Code'' offence within 3 years following the completion of a sentence for a criminal youth summary conviction offence or within 5 years of completion of a sentence for a criminal youth indictable offence then their youth record is re-opened and remains part of the person's permanent record under youth convictions. | All youth convictions are sealed at the time the person turns 18 years old. However, if a person is found guilty of an adult ''Criminal Code'' offence within 3 years following the completion of a sentence for a criminal youth summary conviction offence or within 5 years of completion of a sentence for a criminal youth indictable offence then their youth record is re-opened and remains part of the person's permanent record under youth convictions. | ||
The time calculation under this section of the Youth Court Justice Act is complicated. As such, occasionally, mistakes are made and if you see a Youth Record as part of a client’s criminal record the time requirements for re-opening that youth record should be double-checked. | |||
==== c) Record suspension ==== | ==== c) Record suspension ==== | ||
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*10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which you were fined more than $5,000, detained or imprisoned for more than 6 months). | *10 years (after the sentence is completed) for an indictable offence (or a service offence under the ''National Defence Act'' for which you were fined more than $5,000, detained or imprisoned for more than 6 months). | ||
Individuals convicted of sexual offences against minors (with certain exceptions) and those who have been convicted of more than three indictable offences, each with a sentence of two or more years, are ineligible for a record suspension. | |||
As of June 2016, the Parole Board of Canada (PBC) charges $631 to process a record suspension application (certified cheque, bank draft or money order, payable to the Receiver General of Canada). The applicant is also responsible for additional fees related to getting the following: fingerprints, copy of their criminal record, court documents, and local police record checks. | |||
{{LSLAP Manual Navbox|type=chapters1-7}} | {{LSLAP Manual Navbox|type=chapters1-7}} | ||