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Trials on Indictment - Commonwealth Legal aid is available for representation to defend charges arising under any Commonwealth statute, including charges arising under the Corporations Law and State legislation applying that Act, where the charges are to be dealt with on indictment. Where such charges 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. Legal aid may be granted for criminal matters in superior courts subject to the Commonwealth's Costs Management (costs ceiling) guidelines below. The merits of the applicant should be considered when determining the extent of legal aid to be provided. In making that determination, the Commission may decide to limit aid to a plea of guilty, to assistance to follow a specific defence argument or arguments, or to any other form of aid considered appropriate in the circumstances. Aid may be provided for the hearing of charges on indictment, where such charges could be and normally are heard summarily, only where the Commission is satisfied that compelling reasons have been demonstrated. A grant of aid is subject to Means Test A and the Commonwealth Criminal Law Guidelines. Cost Management (costs ceiling) Guidelines In respect of trials in the District Court and Supreme Court, for any one trial aid under the usual costs scale will be limited to $40,000 per applicant where the matter is referred to a private practitioner. If it appears likely that costs will exceed the above amount, the case will be handled in-house wherever possible. In exceptional circumstances, if it is not possible to limit costs set out above and the matter cannot be handled in-house, alternative means of funding will be considered. Example: If appropriate, use of a Public Defender, use of retained counsel, or negotiation of a fee package by the Commision to enable the matter to be handled by the private profession.The package will in all cases be subject to a strict limit on costs which has been negotiated with the service provider. |
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