Policies
4. Criminal Law Matters – when legal aid is available
4.13. Criminal appeals to Court of Criminal Appeal and High Court
4.13.1 Appeals to the NSW Court of Criminal Appeal and the High Court
Legal aid is available for appeals to the New South Wales Court of Criminal Appeal and the High Court of Australia.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test, and
- Legal Aid NSW is satisfied that it is an appropriate expenditure of limited legal aid funds.
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).
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test
- Legal Aid NSW satisfied that it is an appropriate expenditure of limited legal aid funds, and
- there is a significant issue of public interest and the circumstances are sufficiently exceptional to justify a grant of aid.
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 the Merit Test 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.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test
- Legal Aid NSW satisfied that it is an appropriate expenditure of limited legal aid funds, and
- there are exceptional circumstances.
Last published: 05/12/2022