LEGAL AID Flashcards
Sections 6,7,8,10
Civil & Criminal proceedings when granted
Who is eligible for the legal aid
Section 15 - Minors or Mental Capacity
You can apply on behalf of someone
S21 - repayment
Amount of legal aid repayments or specific repayments
S30 - Withdrawal
Withdrawal or amendments to any grants.
When you are helping a client to complete a form bear in mind that it is an offence to: fail to comply with the legal services act or legal services regulations requiring the giving of information and giving information knowing that it is incorrect.
S111 - misrepresentations
S112 - Fines
Misrepresentations- $2K fine
112 $5K Fine - legal aid can be withdrawn if the applicant failed to disclose all their resources in the application form!
Schedule 1 -
Income, disposable & capital definitions
Schedule 1(4)
Resources of another person can be classified as your own. Example: partners incomes can/will be considered as yours
How long is legal aid available for applying?
All the way til 15 days after the date of final disposition
Where is legal aid lodged?
Legal aid office
When can legal aid be approved / applied for after the timeframe?
After the final disposition if on the application it can be shown that all reasonable steps to apply before was taken.