Policies
4. Criminal Law Matters – when legal aid is available
4.14. Matters under Part 7 of the Crimes (Appeal and Review) Act
Legal aid is available for the following proceedings under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW).
4.14.1 Initial applications under Part 7
Legal aid is available for an initial application under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) which includes
- petitions to the Governor for a review of a conviction or sentence
- applications to the Supreme Court for an inquiry into a conviction or sentence, and
- applications to an appropriate Review Panel established to review a conviction or sentence.
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.
Note: The Chief Executive Officer has not delegated the authority to make determinations under s.34 of the Legal Aid Commission Act 1979 in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW).
4.14.2 Proceedings in the Court of Criminal Appeal under Part 7
Legal aid is available for proceedings under Part 7 of the Crimes (Appeal and Review) Act 2001(NSW) for:
- a matter that is referred by the Minister or the Supreme Court to be dealt with as an appeal, or
- if a conviction is to be quashed following a free pardon or an inquiry.
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.
Note: The Chief Executive Officer has not delegated the authority to make determinations under s.34 of the Legal Aid Commission Act 1979 in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW).
4.14.3 Inquiries under Part 7 of the Crimes (Appeal and Review) Act
Legal aid is available for an Inquiry conducted by a judicial officer under Part 7 of the Crimes (Appeal and Review) Act 2001(NSW).
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test and
- special supplementary funding is made available to enable Legal Aid NSW to provide legal assistance.
Note: The Chief Executive Officer has not delegated the authority to make determinations under s.34 of the Legal Aid Commission Act 1979 in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2001 (NSW).
4.14.4 Part 7 of the Crimes (Appeal and Review) Act
Legal aid is not available for proceedings relating to summary offences where Part 2 of the Crimes (Appeal and Review) Act 2001 (NSW) applies.
Date Last Published: 05/12/2022