For legal aid to be granted for representation in extradition proceedings the following tests must be satisfied:
Documentary requirements
Application received from client
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
- A completed and signed Legal Aid Queensland application form.
- Proof of income and assets (refer to the means test).
- A copy of any notice or application for extradition order or a copy of any order.
Application received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system along with:
- Proof of income and assets (refer to the means test).
- A copy of a court notice or application for extradition order.
- Details how the applicant meets the merits test.
Practitioners must also ensure that following documents are retained on file:
- A completed and signed Legal Aid Queensland application form.
Interpretation
When applying the merits test to applications relating to extradition proceedings Legal Aid Queensland will consider the benefit of legal representation for the client, and the State (in the assistance with the administration of justice).
The following factors will be considered:
- The age of the offences
- The structure of the criminal justice system in the receiving country
- The applicants ability to speak English
- Whether the applicant has cultural, political or personal attributes which raise the prospect of an extradition objection.
Allocation of a solicitor
Representation for extradition proceedings will be provided on an in-house basis unless there is a conflict of interest.
Grant(s) of aid
The grant of aid to prepare and attend extradition proceedings in the Magistrates court is EXT1
Extension(s) of aid
An extension of aid may be available for counsel in extradition proceedings provided the merits test and the counsel in civil law guidelines are met. The grant of aid is EXT2.
Review of decisions
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).