For legal aid to be granted to make an application for pardon to the Governor, the following tests must be satisfied:
Requests for aid to make an application for pardon to the Governor will be referred to the Chief Executive Officer for consideration.
Documentary requirements
Application received from client
Applicants seeking a grant of legal assistance should forward the following documents for assessment:
- a completed and signed Legal Aid Queensland application form
- proof of income and assets (refer to the means test)
- all documents relating to the conviction and any appeals.
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 with:
- the appropriate information request or checklist
- proof of income and assets (refer to the means test)
- all documents relating to the conviction and any appeals.
The following documents must be retained on the practitioner's file but may be requested by Legal Aid Queensland:
Interpretation
The Governor has the power to act on a petition of mercy from any convicted person by:
- granting a free, absolute, and unconditional pardon (a full pardon)
- granting a conditional pardon (commutation of a sentence from one form to another)
- referring part or the whole of the case to the Court of Appeal for advice.
Allocation of a solicitor
Representation for an application for pardon to the Governor will be provided on an in-house basis unless there is a conflict of interest.
Grant(s) of aid
The grant of aid to investigate a client's prospects of an application for pardon to the Governor is PAR1.
Extension(s) of aid
The grant of aid to prepare and submit an application for pardon to the Governor is PAR2.
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 decision).