| Emergency Grants of Legal Aid |
Guideline: State
Number: 18 Effective Date: 6/96 |
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| 18.1 | Where an urgent grant of legal assistance is required, a practitioner may telephone a Legal Aid Commission Office. The practitioner must satisfy the office that it is reasonable and appropriate in all the circumstances to provide the legal assistance requested and that the applicant is financially eligible. | ||
| 18.2 | If legal assistance is granted in urgent cases it is on condition that a Legal Aid Application together with all documents in support, including verification of means, is received by the Commission within 7 days of the grant or such other times as the Commission may allow. | ||
| 18.3 | If on receipt of the written application the Commission is not satisfied that the applicant qualifies for assistance any emergency grant of aid will be terminated retrospectively to the time of the grant and the Commission will not pay any costs or disbursements incurred on behalf of the person. In the event of such termination, a practitioner is entitled to bill the client for any costs or disbursements incurred on their behalf. | ||
| 18.4 | Examples of circumstances which may lead to an emergency grant of aid may include: a real prospect of violence, the deprivation of liberty and substantial financial harm. | ||
| 18.5 | The following will not be regarded by the Commission as establishing a reasonable and appropriate basis for an emergency grant: | ||
| a. | delay on the part of an applicant to instruct a solicitor which may be taken to indicate a lack of emergency in which event the application should be made in the ordinary manner. | ||
| b. | delay on the part of a solicitor in applying for legal aid, acting in the matter for which aid is sought for a considerable time. | ||
