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Expert witnesses in criminal law matters

Assessment criteria

For legal aid to be granted for an expert witness to appear in court, the following tests must be satisfied:

  • aid has been provided for the substantive matter, and
  • the expert witness called to give evidence will benefit the applicants case, and
  • the solicitor or counsel has certified that the expert witness is required, and
  • the request meets the merits test.

Decision makers of a higher delegation

Requests for aid for an interstate expert witness will be referred to the Grants director for consideration.

Requirements

Extension of aid requests received from preferred suppliers or in-house practitioners

Practitioners seeking an extension of aid for an expert witness to appear in court, should electronically submit an extension for aid request via the Grants Online system, advise how the matter meets the merits test, certify that the expert witness is required and the expert witness will benefit the applicants case.

Interpretation

There is no requirement to further merit test a request for aid for a report writer to appear as a witness if they have previously been funded by legal aid to prepare a report and must appear as an expert witness in relation to that report.

Expert witnesses from an area outside the court location

When an expert witness has been engaged from an area other than the court location, the practitioner is required to investigate whether the expert witness is able to provide evidence to the court via telephone/video link-up.

If the expert witness is unable to provide evidence via telephone/video link up Legal Aid Queensland will pay reasonable travel expenses. Refer to extent of funding guidelines for travel.

Grant(s) of aid

Psychologists

The grant of aid for a psychologist to appear at court to give evidence is PY9.

Social workers

The grant of aid for a social worker to attend at court to give evidence is SW4.

Medical practitioners

The grant of aid for a medical practitioner to attend court to give evidence for the first hour is MD1.

The grant of aid for subsequent hours is MD1A. However these grants of aid are limited to:

  • $537 for half a day in court including travel time and attendance at court. The grant of aid is MD2A.
  • $1053 for a full day in court including travel time and attendance at court. The grant of aid is MD2.

The grant of aid for a medical practitioner to qualify evidence, prepare for hearing or conference with counsel is MD3.

Medical specialist

The grant of aid for a medical specialist (including psychiatrist) to attend at court (including giving evidence, qualifying evidence, preparing for hearing and conference with counsel) is MS1.

Review of decisions

A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).

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