ACCEPTANCE OF BRIEFS. 3.1 The ALS will only brief Public Defenders in criminal proceedings and other proceedings in the nature of criminal proceedings1 or other matters permitted by The Public Defenders Act 1995.
3.2 Otherwise the Legal Profession Uniform Conduct Rules 2015 apply (see Rules 17-22 inclusive), subject to The Public Defenders Act 1995.
3.3 The Public Defenders will appear (subject to availability) in the Local Court and Children’s Court for committals in serious matters and in the Coroner’s Court or before the NSW Crime Commission where the matter has special significance.
3.4 Where it has been indicated that a Public Defender will be available to accept an ALS brief to appear on hearing, that indication will be noted in the diary of the Public Defender available to accept the brief. That Public Defender will not be allocated other work likely to conflict with that hearing where the matter is listed in a multiple court complex. However, the Public Defender, so allocated, may accept other work in conflict with the ALS brief, if the ALS brief has not been delivered to the Public Defender within a reasonable time (see 3.6) before the first appearance date. The Public Defender will notify the ALS if a brief has not been delivered within a reasonable time, before accepting a brief for a conflicting date.
3.5 An indication that a brief will be accepted by a Public Defender will be given as soon as practicable after a request for such an indication has been made.
3.6 In determining what is reasonable for the purposes of 3.4, regard shall be had to the following: • The estimated length of the hearing. • The time that has elapsed since the indication was given that the brief would be accepted and the hearing date of the matter. • Any discussions and communications between the Public Defender and the ALS. • The need to use Public Defenders efficiently. 1 “Proceedings in the nature of criminal proceedings” extends to:
a) committals, trials, appeals and ancillary proceedings (such as bail applications), and
b) proceedings that are brought against a person for the purpose of obtaining an order for the detention of the person in prison, in a hospital or the detention of mentally incapacitated persons or in any other place of detention, and
c) proceedings that are brought by a person for the purpose of securing the person’s release from detention in a prison, in a hospital for the detention of mentally incapacitated persons, or in any other place of detention. • The level of fin...
