District Court or Children’s Court of Queensland Appeal

For legal aid to be granted for a s 222 appeal in the district court or childrens court of Queensland the following tests must be satisfied:

• the applicant meets the means test, and
• the applicant meets guideline 5 – appeals and applications for leave to appeal, and
• the applicant meets the merits test (with the exception of respondents to crown appeals).

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).
• Details of the sentence and/or conviction that the applicant is wishing to appeal.
• A copy of the notice of appeal, if applicable.

Application received from preferred supplier or in-house practitioner

Preferred suppliers seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system with:

• details of the sentence and conviction that the applicant is wishing to appeal and
• whether notice of intention to appeal has been filed,
• proof of income and assets (refer to the means test).

The following documents must be retained on the practitioner’s file:

• A completed and signed Legal Aid Queensland application form.
• All documentation as outlined in part A4 of the case management standards - criminal law.

Interpretation

Merits test assessment in relation to criminal law appeals often involves consideration of the complete transcript of the court proceedings, documentary exhibits, transcripts of interviews and audio-visual recordings. A merits opinion is sought from in house practitioners in order to determine whether an application for aid in an appeals matter meets Legal Aid Queensland’s merits test.

Prospects of success

When an application is received to appeal a sentence and/or conviction to the district court or childrens court of Queensland under section 222 of the Justices Act, the application will be referred to an in-house criminal lawyer of Legal Aid Queensland to investigate the clients prospects of success.

When the in-house criminal lawyer has completed investigations, the in-house solicitor is required to provide advice to the assessing officer in relation to the clients prospects of success.

Allocation of a solicitor

Representation in the district court or the childrens court of Queensland 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 clients prospects of appeal against sentence to the district court or childrens court of Queensland is C131.

The grant of aid to investigate a clients prospects of appeal against conviction and sentence to the district court or childrens court of Queensland is a C132.

Extension(s) of aid

If it has been determined the client has prospects of success the grant of aid for an appeal to the district court or the childrens court of Queensland is a C13A.

The grant of aid for an appeal to the district court or the childrens court of Queensland for a solicitor advocate is a C13B.

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).