Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador (SI/2018-43)

Regulations are current to 2019-06-20 and last amended on 2018-07-01. Previous Versions

RULE 12Applications for Removal as Solicitor of Record (continued)

Marginal note:Appearance at the Registrar’s Request

 The Registrar may request that a representative of the Legal Aid Commission appear at the hearing of any application under this Rule.

Marginal note:Materials for Use on Application

  •  (1) A Notice of Application under this Rule shall be accompanied by an affidavit by or on behalf of the applicant, detailing:

    • (a) particulars of the charge in respect of which the application is made, including a statement of the date upon which trial proceedings are scheduled to commence and their anticipated length;

    • (b) where the application is made by the solicitor of record for an accused or on behalf of an accused, the material facts relating to the application including, without disclosing any solicitor client communication in respect of which solicitor client privilege has not been waived, a statement of the reasons why the order sought should be given;

    • (c) where the application is made by or on behalf of the prosecutor, the material facts relating to the application including a statement of the reasons why the order sought should be given;

    • (d) a statement whether a delay or an adjournment of trial proceedings is likely or will be required to enable the accused to retain and instruct a new solicitor of record to proceed to trial and, if so, the anticipated length of the delay or adjournment; and

    • (e) where applicable, a statement of the identity of the new solicitor of record and his or her undertaking to proceed to trial or other disposition on the date specified under clause (1)(d).

  • (2) Where the accused, counsel for the accused and the prosecutor consent, the judge may dispense with the requirement of an affidavit under subrule (1).

Marginal note:Alternative Application

 An application under Rule 13 may be heard as an alternative application immediately following a disposition under this Rule.

RULE 13Applications To Appoint Counsel

Marginal note:Application

 This Rule applies to all applications for an order appointing counsel for an accused.

Marginal note:Service

  •  (1) A Notice of Application for an order appointing counsel for an accused, together with all supporting documentary, affidavit and other material intended to be used at the hearing of the application, shall be served on

    • (a) the Attorney General for the province;

    • (b) the prosecutor;

    • (c) any co-accused; and

    • (d) the Legal Aid Commission.

  • (2) The parties listed in subrule (1) shall be entitled to be heard on the application.

Marginal note:Materials for Use on Application

  •  (1) The Notice of Application under this Rule shall be accompanied by an affidavit by or on behalf of the accused, detailing:

    • (a) the efforts made by the accused to retain counsel;

    • (b) the reasons why the accused has been unable to retain counsel;

    • (c) whether an application has been made to the Legal Aid Commission for legal assistance and, if so, the status of that application;

    • (d) whether the accused was formerly represented by counsel and when that representation ceased;

    • (e) the name of any counsel who has indicated a willingness to represent the accused in the event an order for counsel is made, and the terms on which he or she is prepared to provide such representation; and

    • (f) such other information as may be relevant to the application.

  • (2) The accused shall also file with the court an affidavit by any counsel referred to in clause (1)(e) which confirms his or her willingness to act and the terms on which he or she is prepared to act.

Marginal note:Role of the Legal Aid Commission

  •  (1) The Legal Aid Commission shall cause a representative of the Legal Aid Commission to appear at the hearing of an application under this Rule who is able to:

    • (a) advise the judge as to:

      • (i) whether the accused has applied for legal aid and the status of that application;

      • (ii) the role that the Legal Aid Commission could or should play in relation to the accused thereafter;

      • (iii) whether there are any reasons why a staff solicitor of the Legal Aid Commission could not be appointed to represent the accused and the limitations on such representation;

      • (iv) whether one or more solicitors of the Legal Aid Commission are available and capable of representing the accused and the names of such persons;

      • (v) what period of time may be required for counsel to become familiar with the case; and

      • (vi) such other information as may be relevant to the proper representation of the accused;

      and

    • (b) if an application has not been made to the Legal Aid Commission, take an application for legal aid from the accused immediately following the hearing.

  • (2) The information set out in clause (1)(a) may be set out in an affidavit filed with the court which is sworn by an officer of the Legal Aid Commission.

  • (3) For the purposes of clause (1)(a), the accused shall be deemed by his or her application to waive solicitor-client privilege with respect to all matters, including financial matters, that relate to his or her ability to retain counsel.

  • (4) Following the hearing of the application, the information provided by the Legal Aid Commission shall be sealed and shall not be disclosed to the trial judge, who shall not be the same judge who hears the application.

Marginal note:Order

  •  (1) An order appointing counsel for an accused shall include the following:

    • (a) the name of counsel so appointed;

    • (b) any limitations on the scope of the appointment;

    • (c) the terms upon which the appointment is made; and

    • (d) a requirement that bills of account submitted by the counsel shall, at the option of the Attorney General, be taxed.

  • (2) An order made under this Rule may, for cause, be modified or revoked by a judge upon application by the accused, counsel who has been appointed under this Rule or the Attorney General.

RULE 14Applications for Judicial Interim Release and Review

Marginal note:Fundamental Principle

 To the extent that available judicial resources permit, priority shall be given to the scheduling of applications for judicial interim release when setting the court docket.

Marginal note:Application

  •  (1) This Rule applies to applications

    • (a) by an accused under subsections 520(1), 520(8) and 522(1) of the Code;

    • (b) by the prosecutor under subsections 521(1) and (9) of the Code; and,

    • (c) by an accused or the prosecutor at any time prior to the trial, under subparagraph 523(2)(c)(ii) or subsection 523(3) of the Code.

  • (2) Except for the requirements set out in rules 14.04 and 14.05, this Rule applies to proceedings for a review of detention under section 525 of the Code with such modifications as are set out in this Rule and the circumstances require.

Marginal note:Hearings under Section 525 of the Code

  •  (1) Where an accused is brought before the court pursuant to section 525 of the Code, the judge:

    • (a) shall determine the issue of judicial interim release in an expeditious manner; and

    • (b) may inquire into the circumstances of the custody of the accused.

  • (2) Before or during the hearing under subrule (1), the judge may provide directions for expediting any proceedings in respect of the accused and for the filing of material in support of, or in opposition to, the application.

 
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