In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Nature and extent of funding
END OF Nature and extent of funding
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
For legal aid to be granted for counsel to make a bail application in the Supreme Court the following tests must be satisfied:
If a practitioner requires aid for counsel to conduct a Supreme Court bail application the practitioner must lodge an extension of aid request through the Grants Online system and advise how the matter meets the merits test with particular reference made to "appropriateness of spending limited public legal aid funds" test, and the "prudent self-funding litigant" test.
With the exception of a charge of murder the gravity of charges alone would generally not be considered as sufficient to warrant the funding of counsel.
Legal Aid Queensland may consider funding counsel to make a Supreme Court bail application where the matter is a high profile case which has attracted significant media attention and is well known to members of the public.
For the purposes of this policy, Legal Aid Queensland may consider funding counsel where the matter is of public interest and by funding counsel the matter will:
Legal Aid Queensland may consider funding counsel to make a Supreme Court bail application where:
Legal Aid Queensland regard that there is a strong likelihood of bail being granted when an experienced practitioner would consider it likely that a judge could grant bail.
The practitioner must take all the evidence and circumstances of the case into account and the chance of bail being granted must be real and not fanciful. This requires much more than an arguable case.
Legal Aid Queensland will consider the following factors which may have a bearing on an applicants likelihood of bail being granted:
If an applicant has been refused aid or has not applied for aid for representation in the magistrates court but is wishing to apply for Supreme Court bail aid may be granted without the applicant being funded for magistrates court proceedings if the above criteria are met.
The grant of aid for a Supreme Court bail application with counsel is CV.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).