For legal aid to be granted for representation to delay youth transfer to adult custody, the following tests must be satisfied:
- The applicant, in youth detention, be served with:
- a Prison Transfer Direction (sentenced detainee) pursuant to s276C of the Youth Justice Act 1992; or
- a Prison Transfer Notice (remanded detainee) pursuant to s276H of the Youth Justice Act 1992.
- The means and merits tests do not apply.
Documentary requirements
Practitioners seeking a grant of legal assistance should electronically submit through Grants Online:
- an extension request (where current funding has been provided for substantive criminal proceedings) with a copy of the
- Prison Transfer Notice (remanded detainee) pursuant to s276H of the Youth Justice Act 1992; or
- a new application for aid with a copy of the
- Prison Transfer Direction (sentenced detainee) pursuant to s276C of the Youth Justice Act 1992.
The following documents must be retained on the practitioner's file but may be requested by Legal Aid Queensland:
Where the applicant, who is a remanded detainee, has an active grant of legal aid for the substantive criminal proceedings, the practitioner can rely on the application form submitted previously to apply for the substantive criminal proceedings.
A new completed and signed Legal Aid Queensland application form is required where the applicant is a sentenced detainee and aid is requested to review a decision by the Chief Executive (YJ) by application for review to the Childrens Court of Queensland.
Interpretation
Amendments to the Youth Justice Act 1992 establishes a transfer framework to move detainees who have reached the age of 18 years from youth detention to an adult correctional centre.
The framework provides for detainees to apply for a delay of their transfer to adult custody and applies to detainees who have been sentenced and detainees on remand.
The framework requires initial advice, a written submission to Youth Justice, further legal advice, and if applicable, review the decision of the Chief Executive (YJ) to the Childrens Court of Queensland.
Grant(s) of aid
The grant of aid for a solicitor to apply to delay youth transfer to adult custody for a detainee on remand is YPT1.
The grant of aid for Prisoners' Legal Service (PLS), another CLC or ATSILS to engage a barrister to review the decision of the Chief Executive (YJ) to the Childrens Court of Queensland for a sentenced detainee is YPT3.
Extension(s) of aid
The grant of aid to review the decision of the Chief Executive (YJ) to the Childrens Court of Queensland for a detainee on remand is YPT2.
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).