Australia

War Crimes Act 1945

An Act to provide for the Trial and Punishment of War Criminals#

Part III—War crimes

19 Legal assistance

(1) A person who has been, or is about to be, charged with an offence against this Act may apply to the Attorney-General for assistance under this section.

(2) If the Attorney-General is satisfied that in all the circumstances it is appropriate and reasonable to grant an application made under this section, he or she may authorise the provision by the Commonwealth to the applicant of such legal or financial assistance in connection with a proceeding for the offence as the Attorney-General determines.

(3) An authorisation under subsection (2) may be made subject to such
conditions (if any) as the Attorney-General determines.

(4) In considering an application made under this section, the Attorney-General shall have regard to any hardship to the applicant that refusal of the application would involve.

(5) As soon as practicable after deciding to refuse an application made under this section, the Attorney-General shall give the applicant a written notice that:

(a) sets out the decision and the reasons for it; and

(b) requests the applicant to consent in writing to a copy of the notice being laid before each House of the Parliament in accordance with subsection (6).

(6) Where an applicant gives a consent in writing pursuant to a request under subsection (5), the Attorney-General shall cause a copy of the notice to which the consent relates to be laid before each House of the Parliament within 15 sitting days of that House after the Attorney-General receives the consent.

Keywords

Fair trial standards
Rights during trial - legal assistance
Legal Aid



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