Guidelines Part 3 - Matter Type Guidelines State Criminal Law Matter Type Guidelines Committal Proceedings| Committal Proceedings |
Guideline: State
Number: 8 Effective Date: 30/3/00 Law: State Criminal |
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| 8.1 | Assistance will only be provided in respect of uncontested commital proceedings. | ||
| 8.2 | Assistance will usually be provided in matters of homicide and in matters where consent or identification is in issue. | ||
| 8.3 | Assistance may be granted in other matters where the Commission is satisfied on the material provided that there is a strong likelihood that it is likely that: | ||
| a. | the applicant will be discharged; or | ||
| b. | the charge which the applicant faces will be dealt with summarily; or | ||
| c. | the committal will identify an early plea; or | ||
| d. | the committal will significantly reduce the length of a subsequent trial. | ||
| Applications for aid for a committal must state the particular basis upon which the committal is required and the witnesses who are to be cross-examined as to those issues. The same guidelines apply to examinations pursuant to Section 69A of the Justices Act 1959. A claim by the applicant or his/her solicitor that the committal will provide an opportunity to discover the prosecution's case will not be regarded as an appropriate reason to fund a committal hearing. |
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