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Difference between revisions of "Information on Criminal Law for LSLAP Students (1:XI)"

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Information on Criminal Law for LSLAP Students (1:XI) (view source)

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:'''NOTE:''' Several pamphlets available from the Legal Services Society may help a client prepare for his or her own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.
:'''NOTE:''' Several pamphlets available from the Legal Services Society may help a client prepare for his or her own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.


{| class="wikitable"
! colspan="3" style="font-style: italic;text-align: left;" | Practice Recommendation - File Intake
|-
| colspan="3" | '''Important:''' Once LSLAP has agreed to represent a client, it is always wise to confirm the exact details of the client’s next court appearance – date, time, courtroom, and what stage the matter is currently at.If the client has provided the clinician with their particulars, LSLAP will have their file number. You can access their information on the B.C. Ministry of Attorney General website. Go to http://www.gov.bc.ca/ag and follow the 'Court Services Online' link. This site allows you to look up your client by name and it will show all of his or her provincial court appearances, the nature of the next appearance, the date and time, and what courtroom it is in. Alternatively, you can call the registry (or Crown) at the particular courthouse and ask when the next court date is, and what is set to happen on that date.
|-
| colspan="3" style="text-align: center; font-weight: bold;" | Common Courtooms
|-
| style="text-align: center; font-weight: bold;" | Jurisdiction
| style="text-align: center; font-weight: bold;" | First Appearance Court (Judge/JP)
| style="text-align: center; font-weight: bold;" | Arraignment / Plea Court (Judge/JP)
|-
| style="font-weight: bold;" | Vancouver
| style="text-align: center;" | 307
| style="text-align: center;" | 101
|-
| style="font-weight: bold;" | Vancouver DCC
| style="text-align: center;" | 1
| style="text-align: center;" | 1
|-
| style="font-weight: bold;" | Surrey
| style="text-align: center;" | 101
| style="text-align: center;" | 102 (Prov) / 103 (Fed)
|-
| style="font-weight: bold;" | North Vancouver
| style="text-align: center;" | IAR
| style="text-align: center;" | 002
|-
| style="font-weight: bold;" | Richmond
| style="text-align: center;" | 101
| style="text-align: center;" | 106
|-
| style="font-weight: bold;" | New Westminster
| style="text-align: center;" | IAR
| style="text-align: center;" | 2-6
|-
| style="font-weight: bold;" | Port Coquitlam
| style="text-align: center;" | 003
| style="text-align: center;" | 001
|}
{| class="wikitable"
! colspan="3" style="font-style: italic;text-align: left;" | Practice Recommendation - File Intake (Continued)
|-
| colspan="3" style="font-weight: bold;" | Vancouver’s Downtown Community Court (DCC)
|-
| colspan="3" | The DCC differs from normal criminal courts in that it integrates a variety of agencies to address the underlying health and social problems that often lead to commission of the offence.
The DCC only has jurisdiction to take summary conviction cases where the offence occurred in Downtown Vancouver (with Clark Dr. and Stanley Park as the east-west boundary; and Coal Harbour and Great Northern Way as the north-south boundary).
|-
| colspan="3" style="font-weight: bold;" | Drug Treatment Court Vancouver (DTCV)
|-
| colspan="3" | The goal of the Drug Court program is to reduce drug use in adults charged with offences motivated by drug addiction problems. Individuals charged under the ''Controlled Drugs & Substance Abuse Act'' and other drug-motivated ''Criminal Code'' offences are eligible for the drug treatment court program. In exchange for less severe sentences, offenders plead guilty and participate in a supervised drug treatment program, which includes individual and group counselling and social activities.
|}
=== 4. Client failed to appear ===
Failure to appear for a scheduled court appearance is an offence (''Criminal Code'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for his or her arrest. This can be verified online on the CSO website (see box above for link). The client must  be advised  to report to  the courthouse  and  apply  to "vacate the warrant". The client must be advised to turn himself or herself in immediately.
== B. Discuss LSLAP file procedures and policies with the client ==
The clinician must establish certain "ground rules" to govern the relationship between clinician and client in a criminal file:
#The  client  will  attend  all  court  appearances  as  required. LSLAP clinicians will not appear as agents for their clients.
#Counsel represents the client, and as such it is the clinician who is in charge of the file. While the client may assist in their own defence and can give the clinician specific instructions, it is the clinician who contacts Crown and other parties.
#The client cannot request another law student; the client can either be represented by the clinician they are assigned, or they can seek alternate representation outside of LSLAP.
#Clinicians cannot  follow illegal  or unethical instructions, such as tampering with witnesses or counselling a Crown witness not to attend court. Clinicians also cannot put the client on the stand knowing that the client will be untruthful and commit perjury. Students should be advised to speak to a supervising lawyer if there are any emerging ethical concerns.


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