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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:

 

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.