Legal Services
The Legal Services Agency is required, under section 71
of the Legal Services Act 2000, to give notice in the
New Zealand Gazette of new or amended listing criteria for determining when a person may be approved to provide specific legal services.
As a result of the Sentencing Act 2002, the agency is amending the descriptions in its provider manual of criminal provider proceedings categories 3 and 4.
The new descriptions are as follows (new section in italics).
Proceedings Category 3
Jury trials before any court or before a District Court or High Court judge alone following an application under section 361B of the Crimes Act 1961 (including the preliminary hearing of the offence) where the most serious charge carries a maximum penalty of more that 10 years' imprisonment (other than life imprisonment and other than where the person is convicted and a High Court judge indicates they are considering a sentence of preventive detention. The matter becomes a PC 4 at that stage.)
Proceedings Category 4
Jury trials in any court (including the preliminary hearing of the offence) where any charge carries a maximum penalty of life imprisonment or where the aided person, if charged, is likely to face a sentence of preventive detention.
These changes are to ensure that proceedings categories
2 and 3 providers can continue to represent legally aided people who are potentially liable (but not likely) to face a sentence of preventive detention.
If the High Court judge indicates they are considering a sentence of preventive detention, the agency will assign a proceedings category 4 co-counsel to the case.
The agency's LSA News publication dated July 2002 contains details of the relevant changes to assignment procedures.
There are no changes to other proceedings categories descriptions.
The new proceedings categories descriptions are effective
1 July 2002.
The agency's provider manual will be amended in due course to reflect these changes.
For further information please contact Manager Strategic Development, Legal Services Agency, P.O. Box 5333, Wellington. Telephone: (09) 495 5910.