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4. Criminal Law Matters – when legal aid is available

4.11. Criminal Indictable matters

4.11.1 Indictable matters – when legal aid is available

Legal aid is available for criminal indictable matters listed for trial or sentence in the Supreme Court or District Court.

Legal aid is available for the following proceedings:

  • bail applications (this does not include Supreme Court Bail applications)
  • mentions and adjournments
  • sentence matters including breaches of recognisance, Community Correction Order or Conditional Release Order
  • variations or revocations of a Community Correction  Order or Conditional Release Order, and
  • criminal trials.

For legal aid to be granted in these matters the following tests must be satisfied:

Note: the Means Test is not applied to applicants who are children.

See Criminal Law Guideline 1.3 on costs in criminal trials.

When a legal aid applicant has criminal matters involving both Commonwealth and State law, Criminal Law Guideline 1.5 sets out the procedure for managing the application and administering the grant of legal aid.


4.11.2 Back-up matters

Legal aid is available for back-up matters dealt with under Chapter 3 Pt 3, Division 7 Criminal Procedure Act 1986 (NSW).

For legal aid to be granted in these back-up matters the following tests must be satisfied:


4.11.3 Bail applications in the Supreme Court

Legal aid is available for bail applications to the Supreme Court.

For legal aid to be granted in Supreme Court bail applications the following tests must be satisfied:


Date Last Published: 21/09/2018