Rowbotham applications

A Rowbotham application is used to request government funding when someone charged with a serious crime has been denied legal aid. It is filed in court by the criminal defence lawyer when a client has been charged with a serious crime.

If a Rowbotham application is approved, a Rowbotham order is provided. It indicates that the criminal charges against an accused cannot proceed unless the government pays for a lawyer to represent the accused.

The Ministry of the Attorney General has implemented a faster process for applications for state funded counsel Rowbotham orders—for applicants who have counsel assisting them and whose applications will be heard at the Superior Court of Justice.

The client must meet the following conditions to be considered:

• The client must have exhausted all of their legal aid requests for review.
• The client is facing serious and complex charges.
• The legal matter is proceeding in one of the pilot locations in Superior Court.
• The client’s immediate family is unable to fund legal services.
• The client already has a lawyer
• The prosecuting Crown is seeking a term of imprisonment
• LAO has identified the client as potentially eligible for this pilot program and has advised the client’s lawyer.

Forms

• • Consent and waiver to Legal Aid Ontario to release information
    Upon receipt from the client of this form, LAO will release the client’s file to the Ministry of the Attorney General.
  • Acknowledgement from counsel authorising legal aid to release information
    If the client is not available to sign a consent to release the file to a lawyer, then the lawyer can request that LAO release the file to the client’s counsel.
  • Application for state funded counsel
    Before an application for state funded counsel can begin, all levels of review at Legal Aid Ontario must be completed. To start an application for state-funded counsel, the application form, together with copies of the documents and other forms to support the application, must be completed.

Questions

If you would like more information, please send in your request to LAO’s General Case Management Office via gencasemgmt@lao.on.ca