Table of contents
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Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
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3 – Criminal law guidelines
- Guideline 1.1 – ‘not guilty’ plea in the Magistrates’ Court
- Guideline 1.2 – ‘guilty’ plea in the Magistrates’ Court
- Guideline 1.3 – Assessment and Referral Court List matters
- Guidelines 1.4 and 1.5 – social security prosecutions
- Guideline 2 – traffic offence charges in the Magistrates’ Court
- Guideline 3.1 – committal proceedings involving homicide, consent or identification
- Guideline 3.2 – committal proceedings in other cases
- Guideline 4 – trials in the County or Supreme courts
- Guideline 4.1 – County Court and Supreme Court pleas
- Guideline 5.1 – proceedings in the Criminal Division of the Children’s Court
- Guideline 6 – bail applications in the Magistrates’, County and Supreme courts
- Guideline 7.1 – criminal appeals to the County Court
- Guideline 7.2 – interlocutory appeals to the Court of Appeal
- Guideline 7.3 – appeals to the High Court
- Guideline 7.4 – leave to appeal against sentence in the Court of Appeal
- Guideline 7.5 – appeal against sentence in the Court of Appeal
- Guideline 7.6 – leave to appeal against conviction/conviction and sentence in the Court of Appeal
- Guideline 7.7 – appeal against conviction/conviction and sentence in the Court of Appeal
- Guideline 8 – stay applications under the Criminal Procedure Act
- Guideline 9 – hearings under the Crimes (Mental Impairment and Unfitness to be Tried) Act
- Guideline 10 – Serious Sex Offenders (Detention and Supervision) Act
- County Court breach proceedings
- 4 – Commonwealth family law and child support guidelines
- 5 – Commonwealth civil law guidelines
- 6 – State family guidelines
- 7 – State civil law guidelines
- 8 – Public interest and strategic litigation
- 9 – Standard grants assessment process
- 10 – Simplified grants assessment process
- 11 – Referral and practitioner panels
- 12 – Means test
- 13 – Commonwealth merits test
- 14 – State reasonableness test and interests of justice test
- 15 – Special circumstances
- 16 – Applying for a grant of legal assistance
- 17 – Decision to grant or refuse assistance
- 18 – Reconsideration and review of decisions
- 19 – Standard terms and conditions
- 20 – Contributions and overdue payments
- 21 – Abandoning legal assistance
- 22 – Finalising grants of legal assistance
- 23 – Allocation of work to lawyers and law firms
- 24 – Payments to lawyers and service providers
- 25 – Compliance reviews
- 26 – Privacy protection
- 27 – Complaints and feedback
- Topic index
- Invoice, worksheets and forms
- Contact us
Guideline 7.3 – appeals to the High Court
Appeal by applicant
VLA may make a grant of legal assistance to a person for an application for special leave or a criminal appeal to the High Court where:
- the person was sentenced to immediate imprisonment or detention (unless the person is a child)
- there are reasonable grounds for the appeal
- there is a reasonable prospect of the appeal resulting in a lesser total effective sentence, youth detention order, non-parole period or period prior to recognisance release order (unless the person is a child)
"Child" means a child as defined in section 3(a) of the Children, Youth and Families Act 2005 (Vic).
Prosecution appeal
VLA may make a grant of assistance to a person to respond to an application for special leave or a criminal appeal to High Court where the prosecution has filed the appeal.
Documentary requirements
Applications under this guideline are only made by the standard grants assessment process. A grant of legal assistance will not normally be made to a member of the Section 30 Referral Panel.
A member of the Section 29 Indictable Crime Panel seeking a grant of legal assistance should submit an application via ATLAS for assessment, including the listed documents:
- relevant proof of means
- and, if they are available:
- the advice of trial or appellate counsel
- the relevant court transcripts and judgments.