Victoria Legal Aid (VLA) will generally make a grant of legal assistance to a child appearing in the Criminal Division of the Children’s Court if one of the following applies:
- a finding of guilt is reasonably youth detention or an order involving youth justice supervision
- the child has a
The State's special circumstances guideline does not apply to matters in the Criminal Division of the Children's Court.
Serious indictable crimes by children
Guideline 5.1 includes matters where a child has been charged with a serious indictable crime – that is, a crime which, if an adult had been charged, would not be heard in the Magistrates’ Court (for example, rape).
Breach of previous court order
VLA will generally make a grant of legal assistance under this guideline 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.
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 5.1
- copies of the charge or charges
- full details of the person’s prior convictions (if any)
- the lawyer’s assessment of the likely penalty.
Reviewed 19 April 2023