Criminal Case Management (CCM) Opinion / Funding Request

Transcription

1 Guidelines As counsel conducting a case subject to criminal case management you are required to comply with the terms and conditions set out in the Criminal Case Management (CCM) policy. In order to meet the objectives of the Criminal Case Management program, counsel is expected to notify the Case Management Section as soon as he or she anticipates that the case will be subject to CCM. Counsel shall notify LSS to request entry into CCM by completing the CCM Opinion/Funding Request when he or she identifies the following: a) the case will likely require more than 20 half days of trial, b) it will likely take more than 50 hours to review the disclosure, c) there are complex or multiple pre-trial motions, and/or d) the preliminary hearing may take 2 weeks or more. In setting budgets and reviewing work plans LSS shall assess the necessity and viability of the proposed defence objectives to determine whether a reasonable person of modest means would expend the funds for the work if paying a lawyer privately. Where counsel proposes procedures or defences that appear to have no reasonable prospect of success, or if successful, are unlikely to advance the client s case, LSS may refuse to fund such activities as part of the budget. LSS examines the following factors in assessing defence proposals and setting budgets: a) Nature and seriousness of offence, including impact on client; b) Relative case complexity; c) Difficulty in managing a challenging client; d) Number of accused; e) Number of witnesses; f) Number of crown counsel; g) Volume and complexity of disclosure; h) Nature of evidence/legal issues; i) Involvement of experts; j) Length of hearing/trial; k) Charter arguments/novelty of law; and l) Such other factors as LSS may consider. LSS will work with counsel to determine a budget for CCM cases. In cases where it is difficult to set a full budget LSS may: a) set an interim budget to permit counsel to do assessments necessary to set a full budget, and b) require counsel to provide an interim work plan. Counsel has an obligation to inform LSS of any material change to the budget and to provide LSS with any current information regarding the ongoing legal proceedings. In appropriate cases LSS may review budgets and work plans throughout the case to ensure they continue to meet standards set out in the Criminal Case Management Policy. If necessary, LSS may require counsel to provide updated work plan(s). Counsel shall bring skill and experience to manage cases efficiently and to work effectively with LSS and the case management process from the initial referral to completion of the case, including any post payment review. 1

2 Please note that this document must be typed. In appropriate circumstances, LSS compensates counsel up to 5 hours preparation time for completion of this form. Client name: LSS case number: Referral number: Name of referred counsel: Charging statute sections: Offence location: Offence dates: General Information Copy of information / indictment attached? If, please explain why: Has there been a private retainer in relation to this matter? If there has been a private retainer prior to the LSS Referral provide particulars: Name(s) of co-accused: Name(s) of counsel for co-accused: Has counsel or any associate or past or present firm member ever represented any of the co-accused or crown/defence witnesses? If so has an informed consent been obtained from the witness? 2

3 Case Particulars Please provide a reasonably detailed description of the events surrounding the charges against your client. Also, please attach a copy of the crown/police synopsis if it provides a reasonable outline of the allegations. What are the strengths and weaknesses of the case against your client? If your client has one or more co-accused please indicate in reasonable detail how, and why, your client fits in relation to them according to the Crown s theory of criminal liability: 3

4 Position of Parties-Crown Upon what legal basis does the Crown seek to establish the liability of the accused (principal, party, conspirator or other)? What is the theory of the defence? At this stage of the case is it reasonably anticipated that any of the following defences will be raised (check all those that apply). Accident Alcohol Alibi Automatism Intoxication Drugs Compulsion Diminished Capacity Duress Identity N.C.R Necessity Provocation Self Defence Self Others Property Justification 4

5 In the questions below, please indicate based on your current knowledge if any of these are anticipated. tify Case Management if anything changes in the course of the case. Will the character of the victim be the subject matter of the evidence? Will an application for third party records be made by: The Crown The Defence Judicial Interim Release Date of arrest or apprehension: Date of incarceration in respect of offences alleged: Is the accused required to be detained in custody in respect to any other matters? Release from Custody-Conditions: Has the accused been released from custody in respect of the offence(s) alleged in the information / indictment? If yes, please provide terms of release: Do you anticipate applications to review the detention order or terms of release? A. Length of the preliminary hearing (in court days): Procedural Information Preliminary Hearing (if applicable) Was the hearing of any or all evidence at the preliminary hearing waived pursuant to subsection 549(1)? Was the accused ordered to stand trial in respect of the offence charged in the information or in respect of another or additional indictable offence in respect of the same transaction? 5

6 Is the transcript of the preliminary hearing available? B. Is the Crown conducting the trial also the preliminary hearing Crown? Resolution A. Likelihood of early resolution; Has an offer of resolution been discussed / negotiated? B. Has a Resolution conference been scheduled? Mode of Trial A. Do(es) offence(s) fall within Section 469 of the Criminal Code: ( Courts of criminal jurisdiction) B. Will there be an application under subsection 473(1) of the Criminal Code to try the matter without a jury? ( trial without a jury) Has the accused elected trial: Judge Alone Judge and Jury Is a re-election for trial: Likely Possible Unlikely Special Pleas A. Will any of the special pleas be raised? Composition of the Jury / Court A. Will there be a challenge to the array of jurors? If yes, upon what basis: B. Will prospective jurors be challenged for cause? If yes, upon what basis: 6

7 Issues of Fitness A. Will the issue of fitness of an accused to stand trial be raised in these proceedings by: The Crown The Defence B. Was the issue of fitness raised at the preliminary inquiry into this matter? If yes, upon what basis? Disclosure A. Please describe the volume, format and nature of the disclosure: B. Is further disclosure required? C. Are there any problems with the disclosure? Number of Witnesses to Be Called By the Crown Police #: Civilian #: Expert #: If expert, please provide details: By the Defence Police #: Civilian #: Expert #: If expert, please provide details: Procedural Issues Directed Verdict Will an application likely be made at the conclusion of the prosecution s case for a directed verdict of acquittal? If yes, upon what basis? Other Procedural Issues Are there any other procedural matters upon which the trial judge will be asked to rule? 7

8 Preparation Required A. What authorizations have you received to date? (Interim budgets, etc.) B. How many hours of preparation have you used to date, if any, since the end of the preliminary inquiry? C. What have you billed and been paid to date on this referral? Have you billed for the preliminary hearing? Have you billed any interim accounts for trial preparation? D. Have trial dates been set by the court? If yes, please provide dates and total number of days: Dates for pre-trial motions: Dates for trial proper: Total number of days: Pre-Trial Motions An application for pre-trial motions funding must satisfy LSS that the motion is a justifiable expenditure of public funds. In order to do this, LSS must consider both the individual application and the funding available for cases generally. As a result, an application for pre-trial motion funding must address the following issues: Does the motion have a reasonable prospect of success? How does the motion materially advance the client s defence? What effect would the motion have on the overall length and cost of the proceedings? Is the time and budget requested appropriate? Would a reasonable private-paying client spend his or her own funds on this motion? Please outline these issues and preparation requested for each application you intend to argue below. #1: Hrs: #2: Hrs: 8

9 #3: Hrs: #4: Hrs: #5: Hrs: Trial Proper E. How many more hours of preparation do you believe you require before the commencement of the trial proper? F. Estimated number of daily preparation hours requested by counsel for preparation during trial? (Daily Prep Hours x Court Days) Additional Counsel (if applicable) Hrs: Total Hours Daily Prep: G. What is the basis and justification on which junior counsel is sought? H. If counsel is seeking a junior or co- counsel please provide the following: The proposed co-counsel s name: The proposed co-counsel s number of expected days in court: Additional counsel preparation hours, if hours noted above for pre-trial motions and trial proper are not to be shared: Additional counsel daily preparation, if hours noted above are not to be shared. (Hours Per Day x Court Day) Hrs: Total Hours Daily Prep: 9

10 Totals ESTIMATED TOTAL PREPARATION FOR PRE-TRIAL MOTIONS AND TRIAL PROPER (includes all prep before and all daily prep) Hrs: ESTIMATED TOTAL COURT TIME FOR PRE-TRIAL MOTIONS AND TRIAL PROPER (estimate 5 hours/ day) Hrs: TOTAL ESTIMATED CASE TIME Hrs: Other Information and Disbursements (use the online My Authorizations tool to request authorization for disbursements) Can a student, paralegal or junior associate perform any of the pre-trial preparation? Can any of the pre-trial preparation be divided among counsel for co-accused? Estimated costs of preliminary hearing transcripts: $ If needed, estimated costs of private investigators: $ If needed, estimated costs of expert witness(es): $ If known, estimated costs of travel and mileage (including witness travel): $ Other (please specify): 1. $ 2. $ 3. $ 4. $ TOTAL ESTIMATED COSTS OF DISBURSMENTS: $ Likelihood of conviction? Expected Outcome Likely Possible Unlikely 10

11 Likely consequences if convicted (e.g., expected range of sentence): Is it likely that the Crown will bring a dangerous/long-term offender application if convicted? 11

12 Billing Requirements Accurate Court Time Please note that for purposes of budget or tariff interpretation, court time commences when the court convenes. Court time means time where Court is actually in session and not waiting time prior to the Court commencing. Court time does not include lunch, or time spent unpacking materials at the beginning of the day or packing up materials at the end of the day. Detailed Preparation Time With respect to preparation time, we may ask you to provide us with a description of work billed. Your records (e.g. timesheets) must contain sufficient detail to allow LSS to ascertain what work was done on the date recorded. Detailed records are necessary for fiscal accountability and statistical purposes, to allow comparison between work done on files subject to case management and files where counsel is requesting discretion. This information assists in future budget setting. Billing Schedule In the event that no billing schedule is set for your particular file then you are responsible to submit accounts not less than quarterly as per general Criminal Case Management policy. Agreement I CONFIRM THAT THIS APPLICATION HAS BEEN ACCURATELY COMPLETED TO THE BEST OF MY KNOWLEDGE. I HAVE READ AND AGREE TO ABIDE BY THE EXPECTATIONS OF COUNSEL AND BILLING REQUIREMENTS. I AGREE THAT I WILL NOT BILL LSS FOR ANY REMOVAL APPLICATION FOR CONFLICT BROUGHT BY THE CROWN OR THE COURT OR COUNSEL FOR ANOTHER CO-ACCUSED AS A RESULT OF MY PREVIOUS REPRESENTATION OF A CO- ACCUSED. I AGREE THAT I WILL INDEMNIFY LSS FOR THE COST OF MY TRIAL (OR PRELIMINARY INQUIRY) PREPARATION TIME SHOULD I BE REMOVED FROM THE RECORD FOR CONFLICT AS A RESULT OF MY PREVIOUS REPRESENTATION OF A CO-ACCUSED OR WITNESS UNLESS THE IDENTITY OF CROWN WITNESSES WERE WITHHELD OR SUBJECT TO LATE DISCLOSURE. I AGREE Counsel Signature Date Please Print Name Vendor Number 12