For legal aid to be granted for DNA historic case review matters, the following tests must be satisfied:
- Where the applicant was in receipt of a grant of legal assistance for the substantive criminal matter:
- the applicant has been provided a DNA historic case review letter from the Office of the Director of Public Prosecutions
- Where the applicant was not in receipt of a grant of legal assistance for the substantive criminal matter:
- the applicant meets the means test, and
- the applicant has been provided a DNA historic case review letter from the Office of the Director of Public Prosectutions
Documentary requirements
Where the applicant was in receipt of a grant of legal assistance for the substantive matter
Application received from client
Applicants seeking a grant of legal assistance should forward the following documents for assessment:
- a copy of the DNA case review letter from the Office of the Director of Public Prosecutions
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
- a copy of the DNA case review letter from the Office of the Director of Public Prosecutions
Where the applicant was not in receipt of a grant of legal assistance for the substantive criminal matter
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)
- a copy of the DNA case review letter from the Office of the Director of Public Prosecutions
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)
- a copy of the DNA case review letter from the Office of the Director of Public Prosecutions
The practitioner must also ensure that the following documents are retained on file:
Interpretation
A client is considered to have been in receipt of a substantive grant of legal assistance in circumstances where the client's financial position was assessed against the means test for their substantive criminal matter.
An application for aid form will not be required for clients who were in receipt of a substantive grant of legal assistance at the conclusion of their criminal law proceedings. The guidelines, means or merits test will not apply to these matters.
Where a client was privately funded, or a recipient of a grant of legal assistance as a result of an order under s21O of the Evidence Act 1977 or s22 of the Legal Aid Act 1997, or self-represented during the criminal law proceedings, an application for aid would be required from the client and the means test would apply. A copy of the letter from the ODPP will be required. The guidelines or merits test will not apply to these applications.
Grant(s) of aid
The grant of aid for a solicitor to provide preliminary advice where the DNA has not been re-tested is DNAR.
The grant of aid for a solicitor to provide preliminary advice where the DNA sample has been re-tested is DNAT.
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).