In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Criminal law
END OF Criminal law
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
For legal aid to be granted for a s 222 appeal in the district court or childrens court of Queensland the following tests must be satisfied:
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
Preferred suppliers seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system with:
The following documents must be retained on the practitioner’s file:
Merits test assessment in relation to criminal law appeals often involves consideration of the complete transcript of the court proceedings, documentary exhibits, transcripts of interviews and audio-visual recordings. A merits opinion is sought from in house practitioners in order to determine whether an application for aid in an appeals matter meets Legal Aid Queensland’s merits test.
When an application is received to appeal a sentence and/or conviction to the district court or childrens court of Queensland under section 222 of the Justices Act, the application will be referred to an in-house criminal lawyer of Legal Aid Queensland to investigate the clients prospects of success.
When the in-house criminal lawyer has completed investigations, the in-house solicitor is required to provide advice to the assessing officer in relation to the clients prospects of success.
Representation in the district court or the childrens court of Queensland will be provided on an in-house basis unless there is a conflict of interest.
The grant of aid to investigate a clients prospects of appeal against sentence to the district court or childrens court of Queensland is C131.
The grant of aid to investigate a clients prospects of appeal against conviction and sentence to the district court or childrens court of Queensland is a C132.
If it has been determined the client has prospects of success the grant of aid for an appeal to the district court or the childrens court of Queensland is a C13A.
The grant of aid for an appeal to the district court or the childrens court of Queensland for a solicitor advocate is a C13B.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).