Trial in the District Court, Children’s Court of Queensland or the Supreme Court

Trials in the Children’s Court of Queensland, District or Supreme Courts are deemed specified proceedings under guideline 1 – specified and non-specified criminal proceedings and are not subject to the merit test.

For legal aid to be granted for a trial in the Children’s Court of Queensland, District or Supreme Courts the following test must be satisfied:

• the applicant meets the means test.

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.
• Proof of income and assets, if applicable (refer to the means test).
• A copy of the charge or charges such as an indictment, bench charge sheet or Queensland court brief (QP9) material.

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 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).
• Proof of income and assets, if applicable (refer to the means test).

The following documents should be retained on the practitioners file but may be requested by Legal Aid Queensland:

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

Grant(s) of aid

Legal aid may not be sought for a matter in the superior courts until the conclusion of the committal proceedings.

• The grant of aid to prepare for a trial in the childrens court of Queensland is CCG.
• The grant of aid to prepare for a trial in the district court is CG.
• The grant of aid to prepare for a trial in the Supreme Court is CK.

• The grant of aid for ATSILS to engage a barrister to prepare for a trial in the childrens court of Queensland is ACD.
• The grant of aid for ATSILS to engage a barrister to prepare for a trial in the district court is ACG.
• The grant of aid for ATSILS to engage a barrister to prepare for a trial in the Supreme Court is AKC.

Extension(s) of aid

Pre-trial/pre-record hearing

• The grant of aid for a pre-trial hearing in the childrens court of Queensland or the district court is CPTD.
• The grant of aid for a pre-trial hearing in the Supreme Court is CPTS.

• The grant of aid for ATSILS, pre-trial hearing in the district court is APTD.
• The grant of aid for ATSILS, pre-trial hearing in the Supreme Court is APTS.

Day one of trial

• The grant of aid for day one of trial in the childrens court of Queensland is CCY.
• The grant of aid for day one of trial in the district court is CY.
• The grant of aid for day one of trial in the Supreme Court is CZ.
• The grant of aid for a Solicitor Advocate for day one of trial in the district court is SY.

• The grant of aid for ATSILS day one of trial in the childrens court of Queensland is ACD3.
• The grant of aid for ATSILS day one of trial in the district court is ACY.
• The grant of aid for ATSILS day one of trial in the Supreme Court is ACZ.

Additional days of trial or pre-trial/pre-record hearing

• The grant of aid for additional days of trial or pre-trial/pre-record hearing in the childrens court of Queensland or the district court is a CY1.
• The grant of aid for a Solicitor Advocate for additional days of trial in the district court is SY1.
• The grant of aid for additional days of trial pre-trial/pre-record hearing in the Supreme Court is a CZ1.

• The grant of aid for ATSILS for additional days of trial or pre-trial/pre-record hearing in the childrens court of Queensland is ACD2.
• The grant of aid for ATSILS for additional days of trial pre-trial/pre-record hearing in the district court is ACY1.
• The grant of aid for ATSILS for additional days of trial pre-trial/pre-record hearing in the Supreme court is ACZ1.

Late night jury fee

• The grant of aid for a late night jury fee after 6pm is LNJ.

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).