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Means
Test
Duty Lawyer representation is offered to defendants charged with Standard
List Of Offences on their first day of court appearance without
any means testing. However if they wish to have legal representation
for subsequent appearance, they must come to the Court
Liaison Office to do the means test. They will be required
to fill in a statutory declaration of means. The financial eligibility
limit is set at a gross annual income of $231,550.
Applicants may be required to produce documents showing their financial
status such as
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Bank
book, |
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Salary
slips, |
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Rent
receipts, |
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Mortgage
repayment schedule, |
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Salaries
tax assessment, etc. |
After passing the means test, applicants are required to pay one fixed
handling charge of $640. This is the only charge
any defendant has to pay, no matter how long the trial
lasts.
Knowingly giving false information in the statutory declaration is
a criminal offence and is liable on conviction to be sentenced to
a term of imprisonment not exceeding 2 years and to a fine.
The Administrator of the Duty Lawyer Service has the discretion to
waive the means test of a defendant if he is of the view that it
is in the interest of justice to do so.
A defendant who fails the means test can apply to the Administrator
to waive his/her means test. Such application is to be made at the
Court Liaison Office. The decision of the Administrator is final.
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