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1. Criminal law matters

1.4. Local Court committal proceedings - State criminal matters

The following guidelines apply to grants of legal aid in committal matters

1.4.1 Hearing cap

A cap of 2 days hearing time for a single accused with an additional day of hearing time for each co-accused.

The cap may be exceeded in exceptional circumstances with the approval of:

  • the Deputy CEO (Legal), or
  • Director Criminal Law, or
  • Director Grants, or
  • their nominee.

1.4.2 Reading time caps

Where reading time is allowed for the committal, this will be taken into account when setting the first day fee for trial.

Additional fees for preparation will only be allowed where it is necessary and in exceptional circumstances.

If additional time for preparation is required the amount Legal Aid NSW will be prepared to pay is at the discretion of the Deputy CEO (Legal), Director Criminal Law, Director Grants or their nominee.

Additional preparation will be paid at the hourly rate.

Legal Aid NSW officers authorised under the Delegation Instrument can decide the reading cap times.

1.4.3 Case conferencing

In all state indictable committal proceedings capable of being committed to the District Court or Supreme Court, it will be a condition of the grant of legal aid that the legal practitioner will be required to participate in a case conference where a plea of guilty has not been entered or negotiated with the Director Public Prosecutions.

Date Last Published: 01/12/2010