Legal Aid - The Interests of Justice Test
The Interests of Justice Test determines whether an applicant will be granted Legal Aid and the Court will consider whether the following issues apply to the case:-
- Is it likely that I will lose my liberty.
- I have been given a Sentence that has been suspended or is non-custodial. If I break this, the Court may be able to deal with me for the original offence.
- It is likely that I will lose my livelihood.
- It is likely that I will suffer serious damage to my reputation.
- A substantial question of law may be involved.
- I may not be able to understand the Court proceedings or present my own case.
- I may need witnesses to be traced or interviewed on my behalf.
- The proceedings may involve expert cross-examination of a Prosecution Witness.
- It is in the interests of another person that I am represented.
- Any other reasons.
If the applicant passes the Interest of Justice Test they must also pass the Means Test to qualify for Legal Aid.
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