Victoria Legal Aid Handbook for Lawyers

Guideline 5.1 – proceedings in the Criminal Division of the Children’s Court

Guideline

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:

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.

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 ATLASExternal Link , 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

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