Legal Services Act 2011

Legal aid - When legal aid may be granted

6: Proceedings for which legal aid may be granted: criminal matters

You could also call this:

"When you can get legal aid for criminal matters in court"

Illustration for Legal Services Act 2011

You can get legal aid for some criminal matters. Legal aid may be granted for criminal proceedings in the District Court, the Youth Court, the High Court, the Court of Appeal, or the Supreme Court. You can also get legal aid for appeals to the Judicial Committee of the Privy Council in criminal proceedings. You can get legal aid for proceedings before the New Zealand Parole Board that are held under section 27, 65, or 107 of the Parole Act 2002. You can also get legal aid if you are entitled to be represented by counsel in the proceeding under section 49(3)(c) of the Parole Act 2002. You can get legal aid for proceedings in the High Court on an application under section 68 of the Parole Act 2002. You can also get legal aid for applications to the Criminal Cases Review Commission under section 21 of the Criminal Cases Review Commission Act 2019.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142816.

This page was last updated on View changes


Previous

5: Act binds the Crown, or

"The government must follow this law's rules"


Next

7: Proceedings for which legal aid may be granted: civil matters, or

""

Part 2Legal aid
When legal aid may be granted

6Proceedings for which legal aid may be granted: criminal matters

  1. Legal aid may be granted in respect of the following criminal matters:

  2. criminal proceedings in the District Court, the Youth Court, the High Court, the Court of Appeal, or the Supreme Court:
    1. appeals to the Judicial Committee of the Privy Council in criminal proceedings, where the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of criminal legal aid is desirable in the public interest:
      1. proceedings before the New Zealand Parole Board that—
        1. are held under section 27, 65, or 107 of the Parole Act 2002 (which relate to postponement orders, recall orders, and orders under section 107 of that Act); or
          1. otherwise concern an offender who is entitled, under section 49(3)(c) of the Parole Act 2002, to be represented by counsel in the proceeding:
          2. proceedings in the High Court on an application under section 68 of the Parole Act 2002 (which relates to appeals against postponement orders, section 107 orders, and final recall orders):
            1. applications to the Criminal Cases Review Commission under section 21 of the Criminal Cases Review Commission Act 2019.
              Compare
              • 2000 No 42 s 6
              Notes
              • Section 6(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
              • Section 6(c): replaced, on , by section 5 of the Legal Services Amendment Act 2013 (2013 No 43).
              • Section 6(d): inserted, on , by section 5 of the Legal Services Amendment Act 2013 (2013 No 43).
              • Section 6(e): inserted, on , by section 54 of the Criminal Cases Review Commission Act 2019 (2019 No 66).