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 be instructed in a summary criminal law matter the following tests must be satisfied:
Applications for aid for counsel in a summary plea will be determined by the assistant director grants.
If a practitioner requires aid for counsel in a summary matter 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.
When determining whether an applicant meets the merits test, Legal Aid Queensland will consider whether aid for counsel is warranted with regards to the "appropriateness of spending limited public legal aid funds" test, and the "prudent self-funding litigant" test.
Legal Aid Queensland considers that counsel may be warranted if there is sufficient complexity which requires the expertise of counsel. In making this determination, Legal Aid Queensland take into account the gravity of the matter and the possible impact the judgment would have on the client.
Legal Aid Queensland considers a matter to be sufficiently complex when:
The grant of aid for a summary trial with counsel is MG4
The grant of aid for additional days of summary trial for solicitor and counsel is a MG7
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).