3 April 2013
New Criminal Law guidelines and procedures
Criminal Law
Adult summary crime
From 8 April 2013 only people facing an immediate term of imprisonment will be eligible for a grant
of legal assistance.
Duty lawyers will continue to provide high quality advice and representation to people charged with
less serious criminal offences, who are not eligible for a grant of legal assistance.
The new eligibility guideline means finite resources are targeted at an appropriate level, while
ensuring people facing jail continue to be represented in court. If there is a legal conflict, which
means VLA’s staff lawyers cannot represent the person, arrangements will be made for the person
to be represented.
Frequently asked questions:
Will the new guidelines be applied to existing grants for summary criminal matters?
No, clients who have existing grants of assistance will retain funding for the life of the matter. VLA
will not terminate funding or refuse extension requests based on the change to the guideline.
What about people who require medical reports?
People who meet the ‘special circumstances’ guideline will still be eligible for a grant of legal
assistance, and can apply for further assistance for medical reports.
What about people facing a Community Corrections Order or suspended sentence?
People who were previously eligible for a grant of legal assistance will be eligible for assistance
through the duty lawyer service.
Does this mean the traffic guideline has also changed?
There has been no change to the traffic guideline.
Does the change affect appeals from the Magistrates’ Court to the County Court?
Yes, assistance will only be granted for an appeal to the County Court if the matter would be
eligible for assistance under the new criminal law guideline for matters heard in the Magistrates’
Court or, in a traffic matter, where the person received a term of immediate imprisonment
How do I apply for a new summary crime grant?
The process has not changed. Practitioners will be asked whether the matter meets the eligibility
guideline when submitting the application in ATLAS.
Youth crime
From 8 April 2013 grants of legal assistance will be limited to children who are likely:
 to receive a supervisory or detention order, or
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Victoria Legal Aid
New Criminal Law guidelines and procedures

to be diverted away from the criminal justice system.
Those who do not receive grants of legal assistance will continue to be represented by VLA staff
lawyers. If there is a legal conflict, which means VLA’s staff lawyers cannot represent the child,
arrangements will be made for the child to be represented.
The change means finite resources are targeted at an appropriate level to the most vulnerable
children, while ensuring all children continue to be represented in court.
Criminal charges against youth that result in a fine, Good Behaviour Bond or lesser penalty are
matters that can be handled to a high standard by a duty lawyer without the need for a grant of
legal assistance.
Frequently asked questions:
Will the new guidelines be applied to existing grants for youth crime matters?
No, clients who have existing grants of assistance will retain funding for the life of the matter. VLA
will not terminate funding or refuse extension requests based on the change of the guideline.
Will children need to represent themselves under these changes?
Children will continue to be represented, either by a VLA staff lawyer or a lawyer in private practice.
What about children who may have a defence?
We have experienced youth lawyers who are able to appropriately identify such matters and advise
accordingly. Our high quality duty lawyer service can take on such matters where appropriate.
Where a child has been refused legal assistance under the new guideline, what are the next
steps?
Children who are refused legal assistance will be referred to VLA’s Legal Help service who will refer
the child to a VLA staff lawyer.
What will happen where VLA has a legal conflict?
Children will still be represented. Where there is a conflict, arrangements will be made for the child
to be represented.
What about matters where Youth Justice deferral is a likely outcome?
These are matters that will qualify for a grant of assistance if a supervisory order is a likely
outcome.
Does the change affect breaches of previous court orders?
Yes, assistance will only be granted for to a child charged with breaching a previous court order if
that breach is likely to result in an order involving youth detention or youth justice supervision.
How do I apply for a new youth crime grant?
An additional question has been inserted into the relevant application templates in ATLAS asking
whether the child is likely to receive a supervisory or detention order or is likely to receive diversion.
If the answer to this question is ‘Yes’, assistance will be approved. If the answer to this question is
‘No’, the application will be refused.
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