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Policies

4. Criminal Law Matters – when legal aid is available

4.13. Criminal appeals to Court of Criminal Appeal and High Court

Legal aid is available for appeals to the New South Wales Court of Criminal Appeal and the High Court of Australia.


4.13.1 Appeals to the NSW Court of Criminal Appeal and the High Court

For legal aid to be granted for an appeal to the New South Wales Court of Criminal Appeal or the High Court the following tests must be satisfied:

See Criminal Law Guideline 1.3.3 on costs for transcripts in indictable appeals.

Legal Aid NSW officers authorised under the Delegation Instrument can determine applications for legal aid for sentence appeals or all grounds appeals to the New South Wales Court of Criminal Appeal and appeals to the High Court.

Note: See Criminal Law Guideline 1.14.1 for guidance on considering whether there are reasonable prospects of success for a conviction appeal to the Court of Criminal Appeal.

Note: See Criminal Law Guideline 1.14.2 for guidance on considering whether the applicant satisfies Merit Test A for responding to a Crown sentence appeal to the Court of Criminal Appeal.


4.13.2 Appeals under s5F of the Criminal Appeal Act

Legal aid is available for an appeal under s5F of the Criminal Appeal Act 1912 (NSW).

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

Legal Aid NSW officers authorised under the Delegation Instrument can determine applications for legal aid these matters.

Note: See Criminal Law Guideline 1.14.2 for guidance on considering whether the applicant satisfies Merit Test A for responding to an appeal to the Court of Criminal Appeal.


4.13.3 Appeals following a retrial

Legal aid is available for an appeal following a retrial.

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

Last published:  12/11/2018