Victoria Legal Aid (VLA) may make a grant of legal assistance to a person who has been charged with a criminal offence to be heard in the Magistrates’ Court if:
- the person pleads not guilty
- the person has a reasonable prospect of acquittal on one or more charges
and one or more of the following applies:
- a conviction is likely to result in a term of immediate imprisonment, or
- the person is an Aboriginal and/or Torres Strait Islander person, or
- the person is a woman and/or a lesbian, gay, bisexual, transgender, intersex, queer or other sexually or gender diverse (LGBTIQ+) person charged with family violence offence(s) as a result of being misidentified as the predominant aggressor of family violence by police, or
- an unjustified, disproportionate or unreasonable use of power by a person in a special position of authority (such as a police officer) led to the charge(s) being laid.
Guideline 1.1 – ‘not guilty’ plea in the Magistrates’ Court should be read in conjunction to the Notes to Guideline 1.1 – ‘not guilty’ plea in the Magistrates’ Court.
Documentary requirements
Applications under this guideline are within the simplified grants assessment process.
Lawyers seeking a grant of legal assistance under this guideline should submit an application via ATLAS, only after ensuring that the following documents are retained on file (unless they are requested by VLA for assessment):
- a reference to guideline 1.1
- copies of the charge or charges
- the basis for the defence or defences
- full details of the person's prior convictions (if any)
- details of the evidence they will rely on to support the defence or defences
- the lawyer’s assessment of the strengths and weaknesses of the defence or defences
- relevant proof of means (if a waiver does not apply).
For the avoidance of doubt, the evidence that an assisted person is willing to give at a contested hearing may be sufficient to demonstrate a reasonable prospect of acquittal.
Lawyers are also encouraged to complete a summary crime worksheet, a proof of means worksheet and a medical/psychologist/psychiatrist report worksheet (where relevant) for their file.
This Guideline is effective from 1 April 2024.
Updated