- Significant new points of law to be researched
At Aunoa we are aware that many providers interpret this criterion to mean “Significant legal research required”.
Considering that criminal cases are infinitely multivariate and that providers are constantly researching points of law which are new to them, this seems an appropriate interpretation.
However, it is worth making this explicit within the reasoning of your Amendment to Grant (discussed below).
- Volume / Nature of Disclosure
The meaning is set out within the Grants Handbook and has been copied below.
PAL 1. Disclosure index more than three pages long and more than 100 full pages of disclosure2. More than 60 pages of disclosure and more than half of this text transcription, photocopied hand-written material, or transcription of interviews on DVD.
PAL 2-4. More than 200 full pages of disclosure2. More than 100 pages of disclosure and more than half of this text transcription, photocopied hand-written material, or transcription of interviews on DVD.
- More than five charges being defended/Judge- alone trial
It is unclear why the words “Judge-alone trial” are included.
Reference to the Grants Handbook sets out that more than five charges is considered a criterion in all cases, from PAL 1 to PAL 4.
- Five or more witnesses
At Aunoa we recommend selecting this criterion only when witnesses are relevant to the particular hearing. At Sentencing stage? Probably not relevant.
Aunoa recommends selecting this criterion only when consideration of the co- defendants/accused is relevant to the particular hearing; which is admittedly the majority.
- Three or more prosecution interviews with defendant/witness
This appears to refer to three or more interviews with any given party, rather than three or more total interviews.
- Vulnerable defendant/complainant
Children, those with mental health issues, or otherwise vulnerable individuals are likely to give ise to complexity as the matter will need to be handled delicately.
- Communication barriers
In Criminal Defence communication barriers are frequent – changing cell phone numbers, defendants with anger issues or lower intelligence, defendants that fail to appear, and so on.
A useful rule of thumb is to consider that Communication Barriers may be satisfied wherever issues in communication have required additional preparation.