Policies
4. Criminal Law Matters – when legal aid is available
4.6. Appeals from the Local Court
4.6.1 Appeals to the District Court
Legal aid is available for appeals from the Local Court to the District Court sitting in its criminal jurisdiction.
For legal aid to be granted for appeals to the District Court the following tests must be satisfied:
- The Means Test
- Merit Test A
- the Availability of Funds Test, and
- it is a type of matter for which legal aid is available in the Local Court proceedings, and
- Legal Aid NSW is satisfied that it is an appropriate expenditure of limited public funds, and
- if it is a severity appeal, it is an appeal against a term of imprisonment or Legal Aid NSW is satisfied that there are exceptional circumstances.
Legal Aid NSW officers authorised under the Delegation Instrument can determine applications for legal aid in these matters.
4.6.2 Appeals to the Supreme Court
Legal aid is available for appeals from decisions of magistrates in the Local Court to the Supreme Court.
For legal aid to be granted for appeals to the Supreme Court the following tests must be satisfied:
- The Means Test
- Merit Test A
- the Availability of Funds Test, and
- Legal Aid NSW is satisfied that it is an appropriate expenditure of limited public funds, and
- the matter is a type of matter for which legal aid is available in the Local Court proceedings.
Legal Aid NSW officers authorised under the Delegation Instrument can determine applications for legal aid in these matters.
Date Last Published: 15/06/2021