Guidelines Part 3 - Matter Type Guidelines State Criminal Law Matter Type Guidelines Criminal Law| Criminal Law |
Guideline: State
Number: 14 Effective Date: 20/10/00 Law: State Criminal |
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| Magistrates Court Prosecutions | ||
| Assistance may be provided in relation to summary prosecutions where conviction is likely, having regard to all the circumstances, including prior convictions, to result in: | ||
| a. | the imposition of a gaol sentence; or | |
| b. | the applicant suffers from a disability or disadvantage which prevents self representation. | |
| Where an applicant is in receipt of a grant of legal assistance for a contest mention hearing in the Magistrates Court and receives a sentence indication from the presiding Magistrate which indicates that a sentence of imprisonment is not likely, the grant of aid will not be extended beyond that contest mention hearing. Where aid is sought to defend a charge, applicants must satisfy the Commission that they have a genuine defence to the charge on the merits or that there is a strong possibility that a no case submission would be successful. The Commission will not fund the defence of a matter solely on the basis of putting the prosection to proof. |
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