For legal aid to be granted for an appeal in the Court of Appeal the following tests must be satisfied:
Application received from client
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
- A completed and signed Legal Aid Queensland application form.
- Proof of income and assets (refer to the means test).
- Details of the sentence and/or conviction that the applicant is wishing to appeal.
- A copy of the notice of appeal, if applicable.
Application received from preferred supplier or in-house practitioner
Preferred suppliers seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system with:
- details of the sentence and/or conviction that the applicant is wishing to appeal, and
- whether notice of intention to appeal has been filed.
- proof of income and assets (refer to the means test).
The practitioner must also ensure that the following documents are retained on file:
Merit test assessment in relation to criminal law appeal often involves consideration of the complete transcript of the court proceedings, documentary exhibits, transcripts of interviews and audio-visual recordings. Advice is sought from in-house counsel in order to determine whether an application for aid in an appeals matter meets Legal Aid Queensland’s merit test guidelines.
Prospects of success
When an application is received to appeal a sentence and/or conviction to the Court of Appeal, 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 Court of Appeal will be provided on an in-house basis unless there is a conflict of interest.
The grants of aid to investigate a clients prospects of appeal to the Court of Appeal include:
CMS - Investigate prospects of appeal - sentence
CMC - Investigate prospects of appeal - conviction
CMCS - Investigate prospects of appeal - conviction and sentence
If it is determined that the client has prospects of success the grants of aid are:
- Day one of an appeal in the Court of Appeal is CN, CP or CQ.
- Additional days of an appeal in the Court of Appeal is CN1, CP1 or CQ1.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).