Matters to be heard by way of a committal in the childrens court are not subject to the merit test as they are classified as specified criminal proceedings under guideline 1 – specified and non-specified criminal proceedings. For legal aid to be granted for a committal hearing in the childrens court the following test must be satisfied:
If the applicant has:
- an existing grant of aid for other criminal law matters and the applicant is approved aid with the same law firm, the multiple grants of aid policy must be met.
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.
- If applicable, proof of income and assets (refer to the means test).
- A copy of the charge or charges such as a notice to appear, bench charge sheet or Queensland court brief (QP9) material.
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:
- The appropriate information request or checklist.
- The "request to represent co-accused submission form" and where the request is submitted from either Legal Aid Queensland or ATSILS a copy of the appropriate internal delegate approval (if applicable).
- If applicable, proof of income and assets (refer to the means test).
The following documents are retained on file:
Grant(s) of aid
The grant of aid for a hand up or registry committal hearing is MR1.
Extension(s) of aid
Counsel engagement in the early stages of proceedings
If the charge(s) involve serious criminal law matters which require counsel to work with the solicitor in the early stage of proceedings, an extension of aid may be available for counsel provided the merits test and the extent of funding guidelines for counsel are met. The grant of aid for counsel to be engaged in the early stage of proceedings is MR1A.
Formal summary application
An extension of aid is available for solicitors and counsel to make a formal application to the magistrate for:
- cross-examination of a witness at committal
- disclosure directions orders.
The grant of aid for a solicitor to make a formal application is MR2.
A grant of aid for solicitor and counsel to make a formal application to the magistrate is subject to the merits test and the extent of funding guidelines for counsel. The grant of aid is MR4.
Day one of committal hearing with cross-examination
For legal aid to be granted for cross examination of witnesses at a committal hearing, the prosecution must have agreed to witnesses being cross examined or leave to cross examine witnesses has been granted by the court.
The grant of aid for a solicitor to appear at a committal hearing to cross examine witnesses is MR3.
The grant of aid for solicitor and counsel to appear at a committal hearing to cross examine witnesses is MR5. Funding for counsel is subject to the merits test and the extent of funding guidelines for counsel.
Additional days of committal hearing with cross-examination or negotiated summary plea
Where additional days of committal are required, or negotiations have resulted in the matter proceeding as a summary plea the following grants of aid are applicable:
- The grant of aid for solicitor to appear at additional days of committal hearing with cross-examination or negotiated summary plea is MR6.
- The grant of aid for counsel to appear at additional days of committal hearing with cross-examination or negotiated summary plea is MR7.
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).