Legal Aid Criminal Lawyers in Sydney

Legal Aid provides free or low-cost legal services to individuals who cannot afford private legal representation. It covers areas like criminal defence, family law, housing matters, and more. Legal Aid offers legal advice, representation, and assistance in court to help economically disadvantaged individuals protect their rights.

In NSW, eligibility for Legal Aid depends on a means test (evaluating income and assets) and a merits test (assessing case strength and importance). Legal Aid typically covers serious criminal cases with a risk of imprisonment. Kells can apply for Legal Aid on your behalf and help you meet eligibility requirements.

All our criminal lawyers can apply for Legal Aid on your behalf.

Typically, Legal Aid will only cover criminal matters where there’s a real risk of imprisonment. Some key considerations for the merit test include:

• The presence of reasonable grounds for contesting your charges or appealing a decision
• The likelihood of success in your case
• The potential harm to you if funding is denied
• Whether it’s in the interest of justice to provide the grant

The means test assesses your financial situation, including your income and assets, to determine whether you qualify for Legal Aid. It helps to establish if you can meet your legal costs without a grant, or if an initial contribution towards the costs is required.

The merits test considers whether it’s appropriate to grant Legal Aid for your case. For most criminal matters in the Local Court, Legal Aid is only available if you face a possible prison sentence or exceptional circumstances. Legal Aid is typically limited for cases where a jail sentence is unlikely.

Yes, individuals can apply directly to Legal Aid, but working with a criminal lawyer may improve your chances of a successful application. At Kells, we can assist with the application, and offer guidance on what documents you’ll need and how to approach your application to give it the best chance of approval.

The timeframe varies, but processing Legal Aid applications can take between 3 to 6 weeks. Urgent matters may be expedited if there are pressing reasons, but this requires direct communication with the Legal Aid Grants team.

When submitting your Legal Aid application, you’ll need to include proof of your income (such as pay slips, Centrelink statements, or tax returns), along with bank statements from the past three months for all your accounts.

The application form will ask for personal details, financial information, and the specifics of the legal matter for which you are seeking aid. You’ll also need to provide documents relevant to your case, like your 'court attendance notice' and the police 'facts sheet'. You may also attach any other legal, medical, or supporting documents that could assist your application.

At Kells Sydney, we're happy to help if you're finding the Legal Aid application process difficult. Reach out to us for support.