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:
Breach of previous court order
VLA may make a grant of legal assistance under this guideline to a person charged with breaching a previous court order where the breach is likely to result in a term of immediate imprisonment. A breach of a Community Corrections Order would not ordinarily qualify for assistance.
The traffic prosecution guideline will apply where a traffic offence triggers a breach of a previous court order. Whether or not the previous court order was imposed for earlier traffic offences is not relevant.
Variation of a court order
VLA will not normally make a grant of legal assistance to a person for an application to vary a court order (for example, a community correction order). However, VLA will assess each application on its own facts and circumstances.
Applications for variation, including an application by the Office of Corrections, are not within VLA's guidelines and must be submitted via the standard grants assessment process.
Lawyers seeking a grant of legal assistance under this guideline should submit an application via , only after ensuring that the following documents are retained on file unless they are requested by VLA for assessment:
- a reference to guideline 1.2
- copies of the charge or charges
- full details of the person's prior convictions (if any)
- the lawyer's assessment of the likely penalty having regard to any prior relevant convictions (if any)
- the lawyer’s assessment of the strengths and weaknesses of the defence or defences
- relevant (if a waiver does not apply).
Reviewed 19 April 2023