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Guidelines

1. Criminal law matters

1.14 Assessing merit in appeals to the Court of Criminal Appeal

1.14.1 Assessing merit in conviction appeals to the Court of Criminal Appeal

When considering whether an applicant for legal aid has reasonable prospects of success in an appeal before the Court of Criminal Appeal, the determining officer should take into consideration that the Court may dismiss the appeal on the basis of the proviso in s. 6 of the Criminal Appeal Act 1912; that is, if the Court "considers that no substantial miscarriage of justice has actually occurred", despite the grounds of the appeal being established.

1.14.2 Assessing merit in s. 5F appeals under the Criminal Appeal Act 1912 and Crown sentence appeals

When considering whether an applicant for legal aid satisfies Merit Test A to respond to an appeal a under s. 5F of the Criminal Appeal Act 1912 or to respond to a Crown sentence appeal in the Court of Criminal Appeal, the determining officer should 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.