Policies
4. Criminal Law Matters – when legal aid is available
4.17. Prisoners' matters
Legal aid is available to prisoners for representation in the following types of matters.
Note: The policy for granting legal aid in relation to defending applications made by the Attorney General under the Crimes (High Risk Offenders) Act 2006 (NSW) are set out in the civil law policies at 6.7 and the criminal law policies at 4.18.
4.17.1 Hearings before the Parole Authority
Legal aid is available to prisoners for representation in hearings before the Parole Authority.
For legal aid to be granted in these matters the following tests must be satisfied:
For further information about prisoner's matters contact Legal Aid NSW Prisoner's Legal Service.
4.17.2 Life Re-sentencing matters
Legal aid is available to prisoners for representation in life re-sentencing matters.
For legal aid to be granted in these matters the applicant for legal aid will need to meet
4.17.3 Review Hearings in relation to a segregation direction
Legal aid is available to prisoners for representation in relation to a Segregation Direction.
For legal aid to be granted in these matters the following tests must be satisfied:
4.17.4 Matters conducted by visiting justices
Legal aid is available to prisoners for representation in certain gaols in matters conducted by a visiting Justice.
For legal aid to be granted in these matters the following tests must be satisfied:
4.17.5 Supreme Court matters
Legal aid is available to prisoners for representation in the Supreme Court for the review of a decision of the State Parole Authority, the High Risk Offenders Assessment Committee or the Commissioner of Corrective Services NSW that has or could have a substantial effect on the prisoners parole.
For legal aid to be granted in these matters the following tests must be satisfied:
- the Means Test
- the Merit Test
- the Availability of Funds Test, and
- Legal Aid NSW is satisfied that it is an appropriate expenditure of limited legal aid funds, and
- Legal Aid NSW is satisfied that the decision has or could have a substantial effect on the prisoners parole.
Date Last Published: 01/11/2021