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Part 2Legal aid
When legal aid may be granted

8When legal aid may be granted: criminal matters

  1. The Commissioner may grant legal aid to an applicant in respect of proceedings to which section 6 applies (criminal matters) if—

  2. the applicant is a natural person charged with or convicted of an offence; and
    1. it appears to the Commissioner that the applicant does not have sufficient means to enable him or her to obtain legal assistance; and
      1. either—
        1. the offence to which the application relates is punishable by a maximum term of imprisonment of 6 months or more; or
          1. it appears to the Commissioner that the interests of justice require that the applicant be granted legal aid.

          2. When considering whether the interests of justice require that the applicant be granted legal aid, the Commissioner—

          3. must have regard to—
            1. whether the applicant has any previous conviction; and
              1. whether the applicant is charged with or convicted of an offence punishable by imprisonment; and
                1. whether there is a real likelihood that the applicant, if convicted, will be sentenced to imprisonment; and
                  1. whether the proceedings involve a substantial question of law; and
                    1. whether there are complex factual, legal, or evidential matters that require the determination of a court; and
                      1. whether the applicant is able to understand the proceedings or present his or her own case, whether orally or in writing; and
                        1. in any proceeding to which section 6(c) applies, the consequences for the applicant if legal aid is not granted; and
                          1. in respect of an appeal, the grounds of the appeal; and
                          2. may have regard to any other circumstances that, in the opinion of the Commissioner, are relevant.

                            1. When determining whether an applicant has sufficient means to enable him or her to obtain legal assistance, the Commissioner must, except as provided under section 9(1), have regard to the applicant's income and disposable capital as set out in Schedule 1.

                            2. Subsection (1)(c)(i) does not apply in respect of—

                            3. an appeal; or
                              1. a proceeding to which section 6(c) applies.

                                1. Despite subsection (1)(a), the Commissioner may not grant legal aid to a child or a young person (as those terms are defined in section 2(1) of the Oranga Tamariki Act 1989) in respect of any proceedings against that child or young person for an offence, if those proceedings are heard in the Youth Court.

                                Notes
                                • Section 8(5): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                • Section 8(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).