Legal Aid Queensland Act 1997
sec.15Effect of likely outcome on decision whether to give legal assistance for a court proceeding
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sec.15 Effect of likely outcome on decision whether to give legal assistance for a court proceeding
If an applicant asks for legal assistance for a court proceeding, Legal Aid may also have regard to whether the result of the proceeding is likely to favour the applicant. However, if the applicant is an accused person charged with an indictable offence, Legal Aid— for an indictable offence under a law of the State—must have regard to the desirability of the applicant being represented by a lawyer in a following specified criminal proceeding, whether or not the result of the proceeding is likely to favour the applicant— a committal proceeding for the offence; the applicant’s trial or sentencing; or for an indictable offence under a Commonwealth law—must have regard to the criteria stated in the legal assistance arrangement under which the assistance is to be given. (sec.15-ssec.1) If an applicant asks for legal assistance for a court proceeding, Legal Aid may also have regard to whether the result of the proceeding is likely to favour the applicant. (sec.15-ssec.2) However, if the applicant is an accused person charged with an indictable offence, Legal Aid— for an indictable offence under a law of the State—must have regard to the desirability of the applicant being represented by a lawyer in a following specified criminal proceeding, whether or not the result of the proceeding is likely to favour the applicant— a committal proceeding for the offence; the applicant’s trial or sentencing; or for an indictable offence under a Commonwealth law—must have regard to the criteria stated in the legal assistance arrangement under which the assistance is to be given.
- (a) for an indictable offence under a law of the State—must have regard to the desirability of the applicant being represented by a lawyer in a following specified criminal proceeding, whether or not the result of the proceeding is likely to favour the applicant— (i) a committal proceeding for the offence; (ii) the applicant’s trial or sentencing; or
- (i) a committal proceeding for the offence;
- (ii) the applicant’s trial or sentencing; or
- (b) for an indictable offence under a Commonwealth law—must have regard to the criteria stated in the legal assistance arrangement under which the assistance is to be given.
- (i) a committal proceeding for the offence;
- (ii) the applicant’s trial or sentencing; or