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 to be represented in the Mental Health Court in relation to criminal charges the following tests must be satisfied:
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online System along with:
Practitioners must also ensure that the following documents are retained on file:
A reference can only be made to the Mental Health Court where a person is charged with a serious offence, other than an offence against a law of the Commonwealth, and there is reasonable cause to believe that the person:
A serious offence means an indictable offence, other than an offence that is a relevant offence under the Criminal Code, section 552BA (4).
Representation in the Mental Health Court will be provided on an in-house basis by the mental health section of Legal Aid Queensland unless there is a conflict of interest.
Should a preferred supplier currently have a grant of aid to represent a client in another court, the preferred supplier is requested to:
The grant of aid to investigate prospects of referral to the Mental Health Court is a MHCI.
The grant of aid to appear and represent a client before the Mental Health Court is a MHC.
The grant of aid to attend additional days in the Mental Health Court is a MHC1.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).