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Specified criminal proceedings
Specified criminal proceedings are:
The merit test does not apply to specified criminal proceedings other than Supreme Court bail applications and appeals. The means test does apply to specified criminal proceedings.
Non-specified criminal proceedings
Non-specified criminal proceedings are all criminal matters which are not specified criminal proceedings. The means test and the merits test both apply to non-specified criminal proceedings.
Where the applicant has a reasonable defence to the charge and the charge does not involve a minor traffic prosecution or regulatory offence, a grant of legal assistance may be approved if one of the following criteria apply:
Legal assistance is not usually granted when a plea is taken in a court where there is a duty lawyer scheme operating unless it would be unreasonable to expect the duty lawyer to enter the plea. Legal assistance is not available for minor traffic prosecutions or regulatory offences.
Pleas of guilty will be entered by a duty lawyer unless:
4.1. Legal assistance may be granted for committal proceedings in the magistrates court in respect of charges for which the maximum penalty exceeds 14 years. Committal proceedings in the magistrates court in respect of charges for which the maximum penalty exceeds 14 years are prescribed criminal proceedings and are not subject to a merit test.
4.2. Legal assistance may be granted in committal proceedings in respect of charges for which the maximum penalty is 14 years or less where it is likely that:
4.3 A grants of legal assistance may be granted for committal proceedings related to the Committals Project in Brisbane Magistrates and Ipswich Magistrates Court.
Legal assistance may be granted for an appeal or leave to appeal against conviction and/or sentence.
In addition, legal assistance may be granted to respond to a Crown appeal, without regard to the merit test.
Legal assistance may be granted for bail applications where:
Grants of legal assistance may also be granted where an applicant seeks to respond to an application for revocation of bail.
Grants of legal assistance may be granted for other court proceedings.
Assistance will not normally be provided for the purpose of an accused person conducting an application before a court seeking, pursuant to the decision of the High Court in Dietrich's case, an adjournment or stay of the case until legal representation is available.