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4. Criminal Law Matters – when legal aid is available

4.15. Land and Environment Court matters

4.15.1 Prosecutions in the Land and Environment Court

Legal aid is available to defend prosecutions in the Land and Environment Court under environmental protection legislation including under the Protection of the Environment Operations Act 1997 (NSW).

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

either

  • there is a real possibility of a term of imprisonment being imposed, or
  • there are exceptional circumstances.

An example of exceptional circumstances may be that the applicant for legal aid is at special disadvantage.

4.15.2 Appeals against interlocutory judgment or orders

Legal aid is available for appeals against an interlocutory judgment or Order made by a Judge in the Land and Environment Court.

Legal aid is available for an appeal against an interlocutory judgment or Order made by a Judge in the Land and Environment Court under s5F of the Criminal Appeal Act 1912 (NSW).

For legal aid to be granted in appeals under s5F of the Criminal Appeal Act 1912 (NSW) the following tests must be satisfied:

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


Date Last Published: 20/01/2017