Legal aid is back in the headlines after revelations convicted Mama Hooch rapists Danny Jaz and Roberto Jaz received nearly $900,000 in legal aid - with an appeal and more aid pending – so how does the system work?
Legal aid is an important cog in a functioning justice system.
It is government funding that’s made available to people who can’t afford a lawyer to ensure they’re not denied justice just because they can’t pay for it.
Who qualifies for legal aid?
Legal aid may be available to people who can’t afford a lawyer and are either:
- charged with a crime
- involved in a family dispute that goes to court
- involved in a civil matter
- a victim of violent offending and want to apply for a civil non-contact order
Legal aid may also be available to people appealing a conviction or sentence for an offence punishable with a prison sentence of six months or more.
This is why the $900,000 legal aid bill for the Jaz brothers case could climb even further, given they recently appealed their sentencing and the 69 convictions they have between them.
What if the charge is minor?
Legal aid is not usually available for minor charges, as these can often be looked after by a duty lawyer.
Duty lawyers can offer legal services for free on someone’s first day in court. If that person pleads guilty to a minor charge, they usually wouldn’t need another lawyer. Duty lawyers can help people apply for legal aid if they do need to go back to court.
How is legal aid assessed?
Legal Aid Services consider a few things when determining if somebody is eligible.
This includes their earnings before tax, the value of any assets they might have, and the number of financially dependent children they have.
If the person applying for legal aid has a partner, the partner’s finances are also taken into account.
How is legal aid paid?
Legal aid is paid directly to the lawyer involved.
The amount that is granted is either for a dollar amount or for a certain number of hours.
Lawyers can apply for more legal aid if it’s a special case with complicated legal issues that require more than the standard amount of work.
There are different hourly rates applied to legal aid services in criminal proceedings, depending on the nature of those proceedings.
For example, a lawyer working on a judge-alone trial procedure could charge $108 an hour, while a lawyer working on a case where serious charges are involved could charge $160 an hour. If they are working on a trial that lasts several weeks, those hours – and charges – do start to add up.
Is legal aid free?
Legal aid is considered a loan that people may have to repay in part or in full depending on their circumstances.
Whether or not repayment is required is means tested, however a legal aid lawyer 1News spoke to said if the person has any money at all, they’ll be expected to pay something towards their legal aid loan.
She said it is now very rare for her to get a legal aid grant where there is no repayment amount – even when a client is unemployed.
According to the Ministry of Justice website, people are told the maximum amount they need to repay in the letter they get when their application is assessed.
If the person getting legal aid owns a home or other valuable property, a caveat can be placed on that asset as security for the legal aid debt.
This doesn’t mean the person can be forced to sell their home, but it does mean that if they sell that property, they must use the money they get from the sale to repay their legal aid debt.
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