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Legal Aid Rules 2021

Government Notice 51 of 2021

Legal Aid Rules 2021
This is the latest version of this Government Notice.
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Government Notice 51 of 2021
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Supreme Court Ordinance
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Turks and Caicos Islands
Supreme Court Ordinance

Legal Aid Rules 2021

Government Notice 51 of 2021

  1. [Amended by Legal Aid (Amendment) Rules 2022 (Legal Notice 47 of 2022) on 1 August 2022]
  2. [Amended by Legal Aid (Amendment No. 2) Rules 2022 (Legal Notice 88 of 2022) on 30 December 2022]
  3. [Amended by Legal Aid (Amendment) Rules 2024 (Legal Notice 58 of 2024) on 22 November 2024]
MADE by the Chief Justice under section 16 of the Supreme Court Ordinance.

1. Citation and commencement

These rules may be cited as the Legal Aid Rules 2021.

1A. Interpretation

“juvenile” means a person who is under the age of sixteen years;[rule 1A inserted by rule 3 of Legal Notice 47 of 2022]

2. Eligibility for legal aid

A person is eligible for legal aid if he is a defendant charged with a criminal offence and the following applies—
(a)where the offence charged is a serious one which may result in a period of imprisonment exceeding two years; or
(b)where the person has previously been granted legal aid, but a retrial or trial de novo has been ordered by the court in respect of that person; and[Amended by Legal Aid (Amendment) (No. 3) (Amendment) Rules 2021]
(c)where the person is demonstrated to be incapable of paying for the services of an Attorney, or is a poor person.[Substituted by Legal Aid (Amendment) (No. 3) Rules 2021]
(d)the case is sufficiently complex to require an attorney to help him defend the charge.[paragraph (d) added by rule 3 of Legal Notice 58 of 2024]

2A. Eligibility for legal aid for juveniles

(1)Notwithstanding rule 2, a juvenile is eligible for legal aid if he is a defendant charged with a criminal offence.
(2)A juvenile charged with an offence shall be entitled to the grant of legal aid without the need to make an application under rules 3 and 5.
(3)The Judge or Magistrate shall enquire of the juvenile or his parent or guardian whether an arrangement has been made to engage an attorney of their choice, and if satisfied that an attorney has not been engaged by reason of their inability to engage an attorney, this shall be sufficient to refer the matter for legal aid.
(4)The Judge or Magistrate shall refer the matter to the Legal Aid Panel for the grant of legal aid.
(5)The Legal Aid Panel shall without requiring the demonstration of means by the juvenile or his parent or guardian, approve the grant of legal aid.
[rule 2A inserted by rule 4 of Legal Notice 47 of 2022]

3. Who may make the application

(1)An application for legal aid may be made by—
(a)a person who is qualified under rule 2(a) and (c), to the Registrar in terms of rule 5;
(b)any person including an Attorney duly authorised by the defendant to make an application on behalf of a person qualified under rule 2; or
(c)in case of a minor or person who is eligible under rule 2(a) and (c) who is under disability, a parent, guardian or person responsible for his care or welfare.
(2)Notwithstanding subrule (1), the court may, under rule 9A, on its motion consider whether a person can be granted legal aid.[Substituted by Legal Aid (Amendment) (No. 3) Rules 2021]

4. Legal Aid Panel

(1)A three-member Legal Aid Panel is established, to approve the grant of legal aid.
(2)The Legal Aid Panel shall be constituted by the following members appointed by the Chief Justice—
(a)a Judge of the Supreme Court who shall chair the Panel;
(b)the Director of the Department responsible for social welfare or his nominee; and
(c)a representative of the Bar Council.
(3)Any two members of the Legal Aid Panel shall form a quorum to consider and approve applications.
(4)Except for the Bar Council which may rotate its members, the appointment of members under subrule (2) shall be for a period of one year, which may be extended from time to time.
(5)The members of the Legal Aid Panel shall not be paid any remuneration for their duties, except that they may receive refreshments from the Judiciary for their meetings.
(6)The Legal Aid Panel shall meet every other week at any place or by use of any mode of their choosing to consider all applications for legal aid and make their decision in their discretion, having regard to the information provided on the Legal Aid Application Form.
(7)The Legal Aid Panel shall notify the Registrar of the date, place and mode for their meetings, so that applications are made available to them.

5. Application for legal aid

(1)An application for legal aid may be made in Form 1 (Legal Aid Application Form) as set out in Schedule 1.
(2)The legal aid application shall be filed on Folio E-Filing Portal (Curia) by the applicant, or if the applicant is in remand custody, by the prison authorities on his behalf.[subrule (2) substituted by rule 4 of Legal Notice 58 of 2024]

5A. Logbooks

(1)The Superintendent of Prisons shall keep a logbook where he shall record—
(a)the date and time of receipt of an application for legal aid by a person in custody; and
(b)the date and time when the application is transmitted to the Registrar.[paragraph (b) amended by rule 5 of Legal Notice 58 of 2024]
(2)The Registrar shall keep a logbook where he shall record—
(a)the date and time of receipt on an application for legal aid made by a person in custody of an application that is transmitted to him by the Superintendent of Prisons; and[paragraph (a) amended by rule 5 of Legal Notice 58 of 2024]
(b)the date and time of receipt of an application for legal aid from a person who is not in custody.
(3)The chair of the Legal Aid Panel shall certify on the legal aid approval form, the date and time the application is received by the Panel from the Registrar.
(4)Where a complaint is made to the court, by a person who applied for legal aid or an attorney engaged for that matter, that there is a delay in the consideration of legal aid, the court may request to inspect a logbook.
[rule 5A inserted by rule 5 of Legal Notice 47 of 2022]

6. Time for making application

(1)An application shall be made promptly, in a criminal case, no later than the applicant’s appearance at the Supreme Court for a bail hearing or for a sufficiency hearing, provided that the Legal Aid Panel may in their discretion consider a later application having regard to the reason for the delay, and as the justice of the case may require.
(2)A Judge before whom a defendant eligible for legal aid appears, shall advise the defendant of the availability of legal aid, and inform the defendant that an application may be made to the Registrar for consideration.
(3)A Magistrate before whom a defendant appears, shall if the Magistrate is of the view that the defendant is eligible for legal aid as a person incapable of paying for the services of an Attorney, or is a poor person, advise the defendant to apply for legal aid which the Magistrate shall support with a recommendation.
(4)In making a recommendation under subrule (3), a Magistrate shall describe the complexity of the case and provide any information to demonstrate that the defendant is incapable of paying for the services of an Attorney, or is poor person, and will most probably, require the services of an Attorney.

6A. Approval of legal aid for juvenile

(1)The Legal Aid Panel shall approve legal aid for a juvenile when a Judge or Magistrate refers a case to the Legal Aid Panel requesting the grant of legal aid.
(2)The approval of legal aid by the Legal Aid Panel to the juvenile shall constitute the grant of legal aid, and shall be followed by—
(a)the issue of a Legal Aid Certificate by the Registrar under Rule 10; and
(b)the assignment of an attorney by the Registrar under Rule 16, to the case involving the juvenile.
[rule 6A inserted by rule 6 of Legal Notice 47 of 2022]

7. Information required

The legal aid application form will seek such information as will provide information on the crime for which an applicant for legal aid has been charged, and a fair assessment of the means of the applicant, his or her spouse, or of both, in order to determine the applicant’s financial capability to engage an attorney.

8. Verification of information provided

1The legal aid application form shall be verified on oath before a justice of the peace which service shall be offered at no charge, before submission.1Corrected by removing (1) as there are no subrules under this rule.

9. Grant of legal aid

(1)The grant of legal aid shall be deemed to be effected once approval is given by the Legal Aid Panel, in Form 2 (Legal Aid Approval Form) set out in Schedule 1.
(2)The Legal Aid Panel may, having regard to the means of the applicant disclosed upon the application, grant legal aid to cover the full cost of defence in a criminal case, or a part thereof.
(3)Where a partial legal aid is granted, legal aid shall be specified as granted for certain proceedings and processes, but not for others.
(4)The Legal Aid Panel shall set a commencement and end date of the legal aid which shall not exceed eighteen months after commencement.
(5)The approval or rejection of an application for legal aid shall be within the discretion of the Legal Aid Panel.
(6)In the exercise of their discretion, the Legal Aid Panel shall be satisfied that—
(a)the applicant has demonstrated financial need, in that from the applicant’s financial circumstances, the accurate details of which have been provided in the Legal Aid Application Form, the applicant will be financially incapable of paying for the services of an Attorney, or is a poor person; and
(b)that the applicant has been charged with an indictable offence, especially a serious offence for which the punishment may be imprisonment for more than two years.

9A. Grant of legal aid by court

(1)The court may grant legal aid on its motion to a defendant who has previously been granted legal aid, but whose case is the subject on an order for retrial or trial de novo.[Amended by Legal Aid (Amendment) (No. 3) (Amendment) Rules 2021]
(2)The provisions of these Rules shall apply to a grant made in accordance with this rule, except for rules 4, 5, 6, 7, 8, 9, 11, 15, 18, 19, 24, 25 and 26.[Inserted by Legal Aid (Amendment) (No. 3) Rules 2021]

10. Legal Aid Certificate

(1)Once legal aid has been approved in terms of rule 9 or granted by the court in terms of rule 9A, the Registrar shall issue a Legal Aid Certificate to the applicant.[Amended by Legal Aid (Amendment) (No. 3) Rules 2021 and by rule 6 of Legal Notice 58 of 2024]
(2)The Legal Aid Certificate must set out the issue date, effective date, the end date of the legal aid, the name of the applicant, the case number if known, the crimes charged, the court, the scope of work intended to be covered by legal aid, the part covered by legal aid, and the fee assigned.
(3)The issuance of a Legal Aid Certificate shall be prima facie evidence of the grant of legal aid.

11. Review of a decision by the Panel

(1)A decision to refuse legal aid may be the subject of review by the Chief Justice
(2)An application for review of the decision to refuse or limit legal aid may be made to the Chief Justice through the Registrar.

12. Termination of legal aid

(1)Once legal aid has been granted to a defendant, it will be valid until the end date which shall be stated on the Legal Aid Certificate.[Amended by Legal Aid (Amendment) (No. 3) Rules 2021]
(2)A Legal Aid Certificate shall have an end date which shall not exceed eighteen months from the date it was issued.
(3)Legal aid shall terminate in any of the following circumstances—
(a)when the Legal Aid Certificate is cancelled;
(b)when the Legal Aid Certificate reaches its end date, unless legal aid is extended by the Legal Aid Panel; or
(c)when the services authorized by the certificate are completed.
(4)The Legal Aid Panel may grant additional legal aid to a defendant whose Legal Aid Certificate has reached an end date.[Amended by Legal Aid (Amendment) (No. 3) Rules 2021]
(5)A person may make an application for supplemental legal aid in Form 1 (Legal Aid Application Form) set out in Schedule 1, and shall indicate therein, that it is an application for supplemental legal aid.

13. Matters excluded from legal aid fee payment

Legal aid refresher fees shall not be paid to an attorney if a ruling, or a finding of fact is made by a presiding judge regarding any of the following matters—
(a)if the proceedings were unreasonably taken and unlikely to advance the applicant’s interests;
(b)if the proceedings were incurred through negligence; or
(c)if the proceedings were either calculated to, or would have the effect of unreasonably delaying proceedings.

14. Extension of scope of legal aid

(1)The Legal Aid Panel may in its discretion, approve the grant of legal aid for the appointment of experts or specialists.
(2)An application for extension of the scope of legal aid may be made by any of the persons specified in rule 3, who shall duly complete Form 1 (Legal Aid Application Form) set out in Schedule 1, specifying that it relates to an extension of the scope of legal aid.

15. Roster of Attorneys

(1)There is established a Legal Aid Roster for Attorneys which shall be compiled by the Registrar, and shall be the document from which assignment of Attorneys may be made for legal aid.
(2)The Roster shall—
(a)be compiled within one month of the coming into force of these Rules;
(b)be revised every 180 days, after the last compilation; and
(c)be compiled from applications of Attorneys desirous of representing defendants eligible for the grant of legal aid, made to the Registrar.
(3)An Attorney with a valid practising certificate may apply to be included on the Legal Aid Roster by duly completing Form 3 (Legal Aid Attorney Roster Application Form) set out in Schedule 1.
(4)An application made by an Attorney for appointment to the Legal Aid Roster shall be submitted with a copy of his Curriculum Vitae.
(5)The Roster shall be maintained by the Registrar and published in the Gazette.[subrule (5) substituted by rule 7 of Legal Notice 47 of 2022]

16. Assignment of an Attorney

(1)The assignment of an Attorney shall be made by the Registrar after the application for legal aid has been approved by the Legal Aid Panel.
(2)An assignment of an Attorney shall be in accordance with the Legal Aid Roster and in sequence.
(3)The Registrar may depart from the sequence on the Legal Aid Roster if in a particular case, a named Attorney has handled the case from the investigative stage, provided that the named Attorney is on the Roster.
(4)In assigning cases, the Registrar shall have regard to the following pertinent factors—
(a)the type and complexity of the case; and
(b)the level of expertise and experience, including work done to conclusion in a number of cases in a relevant area which may be ascertained from the Curricula Vitae in the custody of the Registrar.
(5)Where a number of Attorneys have comparable expertise and experience, the Registrar shall assign cases to such Attorneys as they appear in sequence on the Roster, but may depart from the sequence for good reason including the circumstance under subrule (3).
(6)An Attorney whose application is approved shall be provided with a number which shall be used in making claims for payment.22Renumbered to correct error of the numbering of the two subrules (5) in Legal Aid Rules 2021 and renumbered subsequent insertion of Legal Aid (Amendment) (No. 3) 2021.
(7)Notwithstanding the provisions of this rule, where legal aid has been granted to a defendant in accordance with rule 9A, the Registrar may upon application in writing, to him by the defendant, waive the assignment of an attorney from the Legal Aid Roster, and permit the defendant to retain the attorney who represented the defendant in the previous trial:Provided that where the previous attorney is granted leave by the court to come off record before the commencement of the retrial or trial de novo, the Registrar may assign another attorney from the Legal Aid Roster, or permit the defendant to choose another attorney.[Inserted by Legal Aid (Amendment) (No. 3) Rules 2021]

17. Attorney’s fees

(1)An Attorney shall be entitled to the payment of his Brief Fee, after conclusion of the case assigned to him, unless an interim payment for specific and substantial work is approved by the Legal Aid Panel.
(2)A Tier 3 Attorney shall not appear for a case of sufficient complexity which attracts a penalty of life imprisonment on his own, unless he is appearing to assist a Tier 1 Attorney, as ruled by a Judge and approved by the Legal Aid Panel.
(3)A Tier 2 Attorney may appear on his own for a case of an offence which attracts a penalty of life imprisonment, or he may also appear as an Attorney assisting a Tier 1 Attorney where the court has ruled that the case is one of sufficient complexity in accordance with subrule (4).
(4)A Tier 1 Attorney to whom a legal aid case of an offence attracting a penalty of life has been assigned, may make an application at a plea and direction hearing for a case to be determined as a case of sufficient complexity and for assistance by a Tier 2 Attorney or Tear 3 Attorney from his office or chambers, and the Judge may make a ruling on the application.
(5)A ruling that a case is of sufficient complexity that a Tier 1 Attorney needs a Tier 2 Attorney or Tear 3 Attorney for assistance shall be presented to the Legal Aid Panel, which shall approve an additional Attorney to assist as ruled by the Judge.
(6)A Tier 2 Attorney or Tier 3 Attorney assisting a Tier 1 Attorney in a case for an offence attracting a penalty of life imprisonment, shall be entitled to his own Brief Fee and a Refresher fee as set out in Schedule 2.
(7)An Attorney shall be entitled to payment for all work done in the pursuit of justice, and in the interest of advancing the case of the applicant.
(8)An Attorney shall be paid for work done under the Legal Aid Certificate only, and not for work done for the same client prior to the issuance of the Legal Aid Certificate.
(9)Legal aid shall be paid for inter-island and intra-island transportation costs incurred by Attorneys.
(10)Subject to subrule (11), legal aid shall be paid for overnight hotel accommodation after inter island travel, and for each day that an Attorney who has travelled from his island of ordinary residence remains on another island for the conduct of the case.
(11)No fees shall be payable for overnight hotel accommodation, except for fees for the night before court attendance, and the night following court attendance where it is demonstrated that the proceedings ended so late, or in such circumstances that return travel was not available or practicable.
(12)Payment for hotel accommodation includes breakfast, but no fees shall be paid for lunch or dinner, even where there is overnight stay.[Substituted by Legal Aid (Amendment) Rules 2021]
(13)In granting legal aid under rule 9A, the court may further order the Registrar to apply a fee rate other than that set out in Schedule 2.[Inserted by Legal Aid (Amendment) (No. 3) Rules 2021]
(14)The Registrar may, having regard to a court order made in terms of subrule (13), apply a higher or lower rate than that set out in Schedule 2, or adopt the fee rate paid to counsel as legal aid in the previous trial, provided that the higher fee rate shall not exceed what was paid in the previous trial.[Inserted by Legal Aid (Amendment) (No. 3) Rules 2021]

18. Payment of fees

(1)Payment of Attorney’s fees shall be made upon the submission of Form 4 (Legal Aid Attorney Claim Form) as set out in Schedule 1, accompanied by a Legal Aid Certificate issued under rule 10.
(2)A Legal Aid Attorney Claim Form shall be submitted no more than fourteen days after the completion of the case.
(3)In every case, an Attorney shall receive payment for concluded work, no more than twenty-one days after the submission of a duly completed Legal Aid Attorney Claim Form, except where there is justifiable delay.
(4)A delay in the payment of Attorney’s fees at the conclusion of the case shall be in the circumstance of unavailable funds.
(5)In the circumstances provided in subrule (4), the deferment of payment shall be communicated to the Attorney in writing.
(6)Where communication has been made in accordance with subrule (5), the Attorney’s fees shall be paid as soon as funds are made available, or so soon thereafter.
(7)Payment of Attorney’s fees shall be calculated in accordance with the Fee Schedule set out in Schedule 2.
(8)The Fee Schedule shall be graduated to reflect the level of expertise as well as the complexity of cases.
(9)Payment of fees shall include the payment of a Brief Fee as a one-time retainer fee for each defendant, as well as a Refresher Fee.
(10)A Brief Fee shall be paid in full only for the matters that progress to trial at the plea and directions hearing.
(11)Where a Brief Fee is applied for in a case that does not conclude but in which work is done, the Brief Fee shall be prorated for the different stages of representation, each stage, attracting 25% of the Brief Fee.
(12)The stages of representation for which a Brief Fee or part thereof shall be earned are—
(a)bail application;
(b)sufficiency hearing;
(c)plea and directions hearing;
(d)trial.
(13)Subject to subrule (14), a Refresher Fee shall be payable for appearance in court in work done to progress the case including interlocutory matters, up to, and including the trial.
(14)Where an Attorney appears for more than one defendant in the same case, the first defendant shall attract a full Refresher Fee, and any subsequent defendant in the same proceedings in which the Attorney appears, shall attract half of the Refresher Fee.
(15)An appearance by an Attorney made for the purpose of that Attorney securing an adjournment shall not attract any fee payment.

19. Interim payments

(1)An Attorney who has been assigned a case, and who has done substantial work, may be entitled to interim payment.
(2)An interim payment, may, in the discretion of the Registrar, be paid for any of the stages set out in rule 18(12).
(3)For an Attorney to be eligible for an interim payment, a duly completed Form 4 (Legal Aid Attorney Claim Form) indicating that it is an interim claim shall be submitted to the Registrar.
(4)The Legal Aid Attorney Claim Form shall be signed by the Attorney and the Presiding Judge whose certificate shall indicate that substantial work has been done by the Attorney.
(5)Substantial work referred to under subrule (4) shall not include applications made by an Attorney for adjournment of proceedings.

20. Complaints against Attorney

(1)An Attorney who has been assigned a legal aid case shall perform his duties diligently.
(2)A complaint may be brought to the Registrar against an Attorney who has been assigned a case by—
(a)the defendant;
(b)the guardian or caretaker of a defendant who is a minor or a person under disability; or
(c)the Presiding Judge.

21. Grounds for making a complaint

A complaint brought against an attorney by any of the persons specified in rule 20 may be made on any of the following grounds—
(a)lack of proper representation, including negligent conduct of case;
(b)improper conduct towards the defendant;
(c)lack of diligence in the performance of his duties, including frequent absences from the court or inordinate excuses which stall the conduct of a case; or
(d)any other complaint that in the opinion of the Chief Justice, merits an investigation by the Court.

22. Investigating a complaint

(1)A complaint lodged by any of the persons specified in rule 20 in respect of any matters in rule 21 shall be investigated either by the Registrar alone, or where necessary, by the Registrar and any other person the Chief Justice may appoint to work with the Registrar in the investigative task.
(2)An investigation conducted in terms of subrule (1) may include a hearing.
(3)The Registrar, whether by himself or as part of an investigative team duly constituted by the Chief Justice, shall determine the procedure for conducting the investigation but shall present a report within the time prescribed by the Chief Justice, to the Chief Justice.
(3A)Where an investigation is completed and an attorney is found to be at fault, the Registrar shall issue a written warning to the attorney, and inform him that if a second complaint is made, the attorney will be subject to sanctions under subrule (4).[subrule 3A inserted by rule 8 of Legal Notice 47 of 2022]
(4)The Registrar’s report may include a recommendation that the case be reassigned to another Attorney, or a recommendation of some other sanction or action as will ensure that the said conduct is not repeated either by the Attorney, or other Attorneys.
(5)An adverse finding by the Registrar shall be for the purpose of receiving sanctions under these Rules only, and may not by itself be a basis for a finding of a breach of the Legal Profession Ordinance.

23. Reassignment of cases

(1)The defendant shall not remove an Attorney assigned, and the Attorney assigned shall not remove himself from an assigned case, without the leave of the Court.
(2)Reassignment of a case to an Attorney other than the Attorney assigned a case, may be made—
(a)where the Registrar in the performance of his investigative duties under rule 22(1), so recommends; or
(b)where the Attorney is granted leave by the Court to come off the record, such leave may be granted upon a formal application by the Attorney to a Judge whether in open court or in chambers.
(3)For the avoidance of doubt, an Attorney who has been granted legal aid shall come off the record only upon a court order granting such permission.
(4)An application made under subrule (2) and the proceedings consequent upon them shall not attract any fee payment.

23A. Report

(1)Every attorney named on a legal aid certificate shall provide to the Registrar a report of his representation of the recipient of legal aid every six months in Form A1 contained in the Schedule to these Rules.
(2)The Registrar shall withhold payment of legal aid fees of any attorney who fails to provide the six-monthly report provided in the Schedule to these Rules.
(3)The required reporting applies to legal aid certificates issued after the date of commencement of these Rules.
[rule 23A inserted by rule 3 of Legal Notice 88 of 2022]

24. Review mechanism

(1)Where an applicant has been refused legal aid, and he wishes to have the decision refusing such aid reviewed, he shall repeat the application by duly completing a new Form 1 (Legal Aid Application Form), set out in Schedule 1.
(2)An application made under subrule (1) shall indicate that an application has been refused but that there exists new matters that are intended to be brought to the attention of the Legal Aid Panel, and stating clearly what such new matters are.
(3)An application shall not be repeated under any circumstances, if there are no new matters canvassed for the consideration of the Legal Aid Panel.

25. Magistrate’s Court Cases

A defendant charged with an offence and arraigned before the magistrate’s court shall not be eligible for the grant of legal aid, except—
(a)where there is sufficient complexity in a case, that an unrepresented defendant cannot reasonably be expected to properly defend himself;
(b)where the defendant is demonstrated as incapable of paying for the services of an Attorney, or is demonstrably poor; and
(c)the Presiding Magistrate recommends the grant of legal aid.

26. Revocation

The legal aid rules 1999 and Practice Direction No. 1 of 2008 are hereby revoked and replaced with these rules.

Schedule

Form

[Form A1 inserted by rule 4 of Legal Notice 88 of 2022][Please note: Forms have not been reproduced. Please refer to the publication document.]

Schedule 2 (Rule 17(6), 18(7))

Fee schedule

 Tier 1 Attorney Brief Fee (USD)Tier 1 Attorney Refresher fee (USD)Tier 2 Attorney Brief Fee (USD)Tier 2 Attorney Refresher fee (USD)Tier 3 Attorney Brief Fee (USD)Tier 3 Attorney Refresher fee (USD)
Offences attracting penalty of life imprisonment1,5008001,200650N/AN/A
Offences attracting penalty of no less than 15 years1,3007001,000550800350
Offences attracting penalty of 5 to 15 years1,200600800450700350
Offences attracting penalty of maximum 5 years1,000400600400500350
Offences attracting penalty of life imprisonment (only those ruled by Judge as a case of sufficient complexity and where an Attorney is appearing to assist Tier 1 Attorney)N/AN/A450400400350
Notes1. Tier 1 Attorney incorporates Attorney falling within Bands 1 and 2, pursuant to Practice Direction 1 of 2020.2. Tier 2 Attorney incorporates Attorney falling within Bands 3 and 4, pursuant to Practice Direction 1 of 2020.3. Tier 3 Attorney incorporates Attorney falling within Band 5, pursuant to Practice Direction 1 of 2020.4. Tier 3 Attorney will not be eligible for legal aid assignment to cases of offences attracting penalty of life imprisonment, except to assist Tier 1 Attorney as second chair.[Substituted by Legal Aid (Amendment) Rules 2021]
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History of this document

22 November 2024 this version
30 December 2022
Read this version
01 August 2022
Read this version
16 April 2021
01 April 2021
Consolidation
Read this version
08 February 2021
Commenced

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