Policy Bulletin 2018 / 12 (Criminal Law Guidelines - criminal appeals)
12 Nov 2018
On 6 November 2018, the Legal Aid NSW Board approved changes to the Criminal Law Guidelines relating to appeals to the Court of Criminal Appeal.
What has changed?
The change clarifies the application of Merit Test A where the applicant for legal aid is responding to an appeal brought by another party to the proceedings.
The Guideline applies to applications for aid to respond to an appeal under s. 5F of the Criminal Appeals Act 1912 (NSW) (including sexual assault communication privilege appeals) or to respond to a Crown sentence appeal in the Court of Criminal Appeal.
Guideline 1.14.2 requires the determining officer to take into consideration that there is a presumption of merit on the basis that there is a judgment or order that is favourable to the applicant, and is the subject of the appeal brought by another party to the proceedings.
The Guideline applies to applications for aid where the applicant is responding to an appeal to the Court of Criminal Appeal:
- Appeals under s. 5F of the Criminal Appeal Act 1912 (NSW) [Criminal Law Policy 4.13.2]
- SACP appeals under s. 5F of the Criminal Appeal Act 1912 (NSW) [Civil Law Policy 6.17.2]
- Crown Sentence Appeals to the NSW Court of Criminal Appeal [Criminal Law Policy 4.13.1]
Contact for further information
Please contact the Client Eligibility Unit for any questions about the change on anna.coffey@legalaid.nsw.gov.au or 9213 5209.