South Australian Current Acts South Australian Current Acts (1) In this Act—
"assisted person" means a person for whom legal assistance of a kind mandated
under section 6(1) or (1a) is, or has been, provided;
"associated proceedings", in relation to a trial, means proceedings that are
preliminary or ancillary to the trial (including proceedings in which the
validity of the charge is challenged), but does not include—
(a) any
such proceedings that commence before the first directions hearing after
arraignment; or
(b) an
appeal; or
(c)
proceedings under this Act;
"category 1"—see subsection (2);
"category 2"—see subsection (2);
"Commission" means the Legal Services Commission;
"court" means the court before which the defendant is arraigned;
"date" of a relevant offence means the date on which the offence is alleged to
have been committed;
"defendant" means a person charged with an offence;
"financially associated"—a person is financially associated with an
assisted person if—
(a) a
financial association exists between them under criteria generally applied by
the Commission for determining whether a financial association exists; and
(b) the
Commission has determined that a financial association exists between them;
"legal assistance" means legal assistance under the LSC Act;
"legal assistance costs", in respect of an assisted person, means all costs of
providing legal assistance to the person in relation to the relevant trial
(see section 5(2) of the LSC Act) regardless of whether the costs were
incurred before or after the person became an assisted person and includes the
costs of providing—
(a)
legal assistance of a kind mandated under section 6(1) and (1a); and
(b) all
other legal assistance (other than prescribed legal assistance) which the
person was eligible for and provided with under the LSC Act for matters
related to and preliminary or ancillary to the trial, including (without
limitation) committal proceedings under Part 5 Division 3 of the
Criminal Procedure Act 1921 ;
"LSC Act" means the Legal Services Commission Act 1977 ;
"prescribed legal assistance" means—
(a)
legal assistance provided to a person for the purposes of an appeal against
conviction or sentence; and
(b)
legal assistance of a kind prescribed by the regulations;
"relevant offence" means the offence with which an assisted person is charged;
"section 13B witness" means a witness who is the alleged victim of an offence
to which section 13B of the Evidence Act 1929 applies;
"serious offence" means an indictable offence under the law of the State that
is to be tried in the Supreme Court or the District Court, and includes any
summary offence that is to be tried together with such an offence in the same
proceedings;
"trial" means a trial of a serious offence before the Supreme Court or the
District Court.
(2) Assisted persons
are divided into 2 categories as follows:
(a)
those who are, apart from this Act, eligible for legal assistance
under the LSC Act ("category 1"); and
(b)
those who are not ("category 2").
(3) For the purposes
of the definition of "associated proceedings , proceedings may be preliminary
or ancillary to a trial whether or not the matter actually proceeds to trial.