Criminal Law Guidelines

Guideline 1. General

A grant of aid may be available in a criminal law matter where there is a real risk of imprisonment. The Merit Test does not apply.

A grant of aid may be available to appeal a criminal law matter–

1. where a penalty of imprisonment has been imposed, or
2. on a point of law.

Guideline 2. Criminal matters in the Youth Court

A grant of aid is available to a child or young person for a criminal law matter in the Youth Court, other than in relation to an expiable offence. The Means and Merit Tests do not apply.

A grant of aid may be available to a child or young person to appeal a criminal law matter from the Youth Court–

1. where a penalty of detention has been imposed, or
2. on a point of law.

The Means Test does not apply.

Guideline 3. Children dealt with as adults

A grant of aid may be available to a child or young person being dealt with as an adult. The Means and Merit Tests do not apply.

A grant of aid may be available to a child or young person being dealt with as an adult to appeal a criminal law matter–

1. where a penalty of detention has been imposed, or
2. on a point of law.

The Means Test does not apply.

Guideline 4. Parole Board matters

A grant of aid may be available to a prisoner– 

1. for advice in relation to a Parole Board hearing, or
2. representation in a hearing before the Parole Board where the Parole Board has invited a lawyer to attend.

The Means and Merit Tests do not apply.

Guideline 5. Post sentence orders

A grant of aid may be available to a prisoner for representation in a hearing related to a post sentence order. The Means and Merit Tests do not apply.

A grant of aid may be available to a prisoner to appeal the decision of a hearing related to a post sentence order. The Means Test does not apply.