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Co-accused policy

This policy is only in effect for any grants of aid issued prior to 4 December 2017. Any grants of aid issued after 4 December 2017 are subject to the new conflict of interest policy - grants of aid for criminal law co-accused. 

Provided that there is not a conflict of interest in a practitioner representing applicants who have been co-jointly charged with a criminal law offence, a practitioner is able to act for more than one co-accused.

If a practitioner acts for more than one accused in a matter, and aid has been granted for the co-accused, the extent of funding guidelines for co-accused apply.

Under the extent of funding guidelines for co-accused, the fees paid to the firm or counsel are as follows:

Work type Co-accused one Other co-accused(s)
Preparation Full fee (100%) Half fee (50%)
Court time Full fee (100%) Half fee (50%)
Conference Full fee (100%) Full fee (100%)
Negotiation Full fee (100%) Full fee (100%)
Prison visit Full fee (100%) Full fee (100%)
Mention Full fee (100%) No fee

For fixed fee summary matters, full fees are claimable for each co-accused represented in accordance with the summary matters payment rules.

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