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State Criminal Law Guidelines Exclusions Legal aid is not available for respondents in Victims Compensation matters in the Local, District, or Supreme Court, or the Victims Compensation Tribunal Legal aid is not available for proceedings under the Confiscation of Proceeds of Crime Act 1989, and other legislation related to tainted monies/property. Psychologists/psychiatrists - sentence matters In criminal sentence matters psychologists and/or psychiatrists are not to be engaged unless there are 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". 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 ss34 (4A) and 56(1AA) of the Legal Aid Commission Act 1979. |
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