Commonwealth Criminal Law General guidelines Where charges under Commonwealth law are brought together with charges under State law, Commonwealth funds may be used to fund a grant of legal aid on a pro rata basis. Late applications Where applications for legal aid for Local Court defended matters, or District Court appeals are made within 14 days of the date set down for the hearing of the matter, aid is only available in exceptional circumstances. Representation The Commission's policy on conduct of criminal law matters, is that these matters should be conducted by in-house solicitors (and where appropriate Public Defenders briefed), unless exceptional circumstances exist. Conduct of the committal proceedings by a solicitor requesting assignment of a trial does not ordinarily constitute "exceptional circumstances". However, the fact that there is only a short period of time between the date of committal and trial, and that unreasonable delay would result from non-assignment to the solicitor who conducted the committal, may constitute, "exceptional circumstances". The fact that an applicant for legal aid in a criminal matter is suffering from HIV/AIDS, and requests assignment to a solicitor of choice for that reason, does not of itself constitute "exceptional circumstances". No Right of Appeal There is no right of appeal to a Legal Aid Review Committee against a decision to provide legal aid on an inhouse basis or by arranging the services of the Public Defenders (see ss 34 (4A) and 56 (1AA) of the Legal Aid Commission Act 1979)

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