South Australia regulation

Criminal Law (Legal Representation) Regulations 2020

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations list specific types of legal help that count as “prescribed legal assistance” under the Criminal Law (Legal Representation) Act 2001. They apply to people pursuing certain pre-trial appeals, some sentencing-review proceedings, and particular applications under the Criminal Law Consolidation Act 1935.

Mechanically, the instrument narrows/defines which services the Act’s legal-representation scheme will recognise for eligibility and administrative decisions about provision of assistance.

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Current sections

Direct links to the current provisions in Criminal Law (Legal Representation) Regulations 2020.

Criminal Law (Legal Representation) Regulations 2020

South Australia Criminal Law (Legal Representation) Regulations 2020 under the Criminal Law (Legal Representation) Act 2001

Contents 1 Short title 2 Commencement 3 Interpretation 4 Prescribed legal assistance Legislative history

1—Short title These regulations may be cited as the Criminal Law (Legal Representation) Regulations 2020. 2—Commencement These regulations come into operation on the day on which section 4(3) of the Criminal Law (Legal Representation) (Reimbursement of Commission) Amendment Act 2020 comes into operation. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Criminal Law (Legal Representation) Act 2001. 4—Prescribed legal assistance For the purposes of paragraph (b) of the definition of prescribed legal assistance in section 4(1) of the Act, the following types of legal assistance are prescribed: (a) legal assistance provided for the purposes of an appeal against a decision of a court on an issue antecedent to a trial, being an appeal determined before the commencement or completion of the trial; (b) legal assistance provided to a person for the purposes of proceedings under Part 3 Division 5 of the Sentencing Act 2017 (except where section 57(12) of the Sentencing Act 2017 applies); (c) legal assistance provided for the purposes of proceedings on application under section 269ND, 269NDA, 269P, 269U or 269UA of the Criminal Law Consolidation Act 1935. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2020 270 Gazette 24.9.2020 p4658 1.10.2020: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Criminal Law (Legal Representation) Regulations 2020

South Australia Criminal Law (Legal Representation) Regulations 2020 under the Criminal Law (Legal Representation) Act 2001

Contents 1 Short title 2 Commencement 3 Interpretation 4 Prescribed legal assistance Legislative history