Guideline 8 – stay applications under the Criminal Procedure Act

In this section

• Handbook
  • Handbook
  • 1 – Introduction
    • 1 – Introduction
    • Victoria Legal Aid services
      • Victoria Legal Aid services
      • Victoria Legal Aid Family Dispute Resolution Service
    • Handbook overview
  • 2 – Types of matters that may be assisted
    • 2 – Types of matters that may be assisted
    • Criminal law matters
    • State family matters
    • Commonwealth family law and child support matters
    • State civil law matters
    • Commonwealth civil law matters
    • Other matters: special circumstances
    • Types of matters that will not be assisted
  • 3 – Criminal law guidelines
    • 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 3.1 – committal proceedings involving homicide, consent or identification
      • Notes on committal proceedings involving homicide, consent or identification
    • Guideline 3.2 – committal proceedings in other cases
      • Guideline 3.2 – committal proceedings in other cases
      • Notes on committal proceedings in other cases
    • Guideline 4 – trials in the County or Supreme courts
      • Guideline 4 – trials in the County or Supreme courts
      • Notes on 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 Children's, 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 7.8 – election to renew leave to appeal against conviction and/or 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 Offenders Act 2018
    • Guideline 11 – Supreme and County Court breach proceedings
  • 4 – Commonwealth family law and child support guidelines
    • 4 – Commonwealth family law and child support guidelines
    • Notes on the guidelines
    • 4.4 – Family Law Property Program professional costs
    • Introduction to Commonwealth family law and child support guidelines
    • Notes on the introduction to the guidelines
    • Guideline 1 − parenting disputes
      • Guideline 1 − parenting disputes
      • Guideline 1.1 – advice and negotiation for adults in parenting disputes
      • Notes on guideline 1.1
      • Guideline 1.2 – FDRS for adults in parenting disputes
      • Notes on guideline 1.2
      • Guideline 1.3 – litigation for adults in parenting disputes
      • Notes on guideline 1.3
      • Guideline 1.4 – appointment of an ICL in litigation relating to parenting disputes
      • Notes on guideline 1.4
      • Guideline 1.5 – appointment of an ICL for litigation intervention FDRS in parenting disputes
      • Notes on guideline 1.5
      • Guideline 1.6 – advice and negotiation for child litigants in parenting disputes
      • Notes on guideline 1.6
      • Guideline 1.7 – FDRS for child litigants in parenting disputes
      • Notes on guideline 1.7
      • Guideline 1.8 – litigation for child litigants in parenting disputes
      • Notes on guideline 1.8
    • Guideline 2 – recovery, location and information orders
      • Guideline 2 – recovery, location and information orders
      • Notes on Guideline 2
      • Guideline 2.1 – assistance for a recovery order
      • Notes on Guideline 2.1 – assistance for a recovery order
      • Guideline 2.2 – assistance for a location or information order
      • Notes on Guideline 2.2 – assistance for a location or information order
    • Guideline 3 – international child abduction
      • Guideline 3 – international child abduction
      • Notes on Guideline 3
      • Guideline 3.1 – litigation in matters involving international child abduction
      • Notes on Guideline 3.1
      • Guideline 3.2 – FDRS in matters involving international child abduction
      • Notes on Guideline 3.2
      • Guideline 3.3 – appointment of an ICL for litigation relating to international child abduction
      • Notes on Guideline 3.3
      • Guideline 3.4 – appointment of an ICL for FDRS in matters involving international child abduction
      • Notes on Guideline 3.4
    • Guideline 4 − parentage determinations
      • Guideline 4 − parentage determinations
      • Notes on Guideline 4
    • Guideline 5 − child support and child maintenance
      • Guideline 5 − child support and child maintenance
      • Guideline 5.1 – advice and negotiation for adults in child support matters
      • Notes on Guideline 5.1
      • Guideline 5.2 – litigation and administrative review for adults in child support matters
      • Notes on Guideline 5.2
      • Guideline 5.3 – advice and negotiation for adults in child maintenance and adult child maintenance matters
      • Notes on Guideline 5.3
      • Guideline 5.4 – FDRS in adult child maintenance matters
      • Notes on Guideline 5.4
      • Guideline 5.5 – litigation for adults in child and adult child maintenance matters
      • Notes on Guideline 5.5
      • Legal assistance for children in child support and child maintenance matters
      • Guideline 5.6 – advice and negotiation for children in child support and child maintenance matters
      • Notes on Guideline 5.6
      • Guideline 5.7 – litigation for children in child support and child maintenance matters
      • Notes on Guideline 5.7
    • Guideline 6 − spousal maintenance
      • Guideline 6 − spousal maintenance
      • Guideline 6.1 – advice and negotiation in spousal maintenance disputes
      • Notes on Guideline 6.1
      • Guideline 6.2 – FDRS in spousal maintenance disputes
      • Notes on Guideline 6.2
      • Guideline 6.3 – litigation in spousal maintenance disputes
      • Notes on Guideline 6.3
    • Guideline 7 − special medical procedures involving children
      • Guideline 7 − special medical procedures involving children
      • Guideline 7.1 – litigation for adults for special medical procedures involving a child
      • Notes on Guideline 7.1
      • Guideline 7.2 – appointment of an ICL in litigation relating to special medical procedures involving a child
      • Notes on Guideline 7.2
      • Guideline 7.3 – litigation for child litigants for special medical procedures involving them
      • Notes on Guideline 7.3
    • Guideline 8 − appeals
      • Guideline 8 − appeals
      • Notes on Guideline 8
    • Guideline 9 – property disputes
      • Guideline 9 – property disputes
      • Notes on Guideline 9
      • Guideline 9.1 – Family Dispute Resolution Services in family law property disputes
      • Notes on Guideline 9.1
      • Guideline 9.2 – litigation in family law property disputes
      • Notes on Guideline 9.2
      • Guideline 9.3 – urgent ligation in family law property disputes
      • Notes on Guideline 9.3
    • Family law costs management
    • Important information about FDRS
    • Key definitions
      • Key definitions
      • Notes on key definitions
    • Threshold tests
      • Threshold tests
      • Substantial issue in dispute test
      • Contravention test
    • Jurisdiction of family law proceedings
  • 4.1 – Family Violence and Cross-Examination of Parties Scheme
  • 5 – Commonwealth civil law guidelines
    • 5 – Commonwealth civil law guidelines
    • Guideline 1 – general guideline for Commonwealth civil matters
    • Guideline 2 – social security and other benefits: administrative appeals
    • Guideline 3 – assistance for migration cases
    • Guideline 4 – equal opportunity and discrimination cases
    • Guideline 5 – war veterans' matters
    • Guideline 6 – other Federal Court and High Court proceedings
    • Guideline 7 – Proceeds of Crime Act 2002
    • Guideline 8 – extradition proceedings
    • Guideline 9 – NDIS administrative appeals
  • 6 – Child protection guidelines
    • 6 – Child protection guidelines
    • Introduction to child protection guidelines
    • Guideline 1 – child involved in a case in the Family Division of the Children’s Court
      • Guideline 1 – child involved in a case in the Family Division of the Children’s Court
      • Notes on Guideline 1 – child involved in a case in the Family Division of the Children's Court
    • Guideline 2 – parent, guardian or other interested person involved in a case in the Family Division of the Children’s Court
      • Guideline 2 – parent, guardian or other interested person involved in a case in the Family Division of the Children’s Court
      • Notes on Guideline 2 – parent or other adult involved in a Children's Court (Family Division) case
    • Guideline 3 – appeal against interim accommodation order
      • Guideline 3 – appeal against interim accommodation order
      • Notes on Guideline 3 – appeal against interim accommodation order to Supreme Court
    • Guideline 4 – review of case planning decisions
      • Guideline 4 – review of case planning decisions
      • Notes on Guideline 4 – review of case planning decision by DFFH or VCAT
    • Guideline 5 – application to revoke a protection order
      • Guideline 5 – application to revoke a protection order
      • Notes on Guideline 5 – application to revoke a protection order in the Children's Court (Family Division)
    • Guideline 6 – appeal against final order of the Family Division of the Children's Court or County Court
      • Guideline 6 – appeal against final order of the Family Division of the Children's Court or County Court
      • Notes on Guideline 6 – appeal against Final Order of the Family Division of the Children’s Court or County Court
    • Guideline 7 – judicial review of the Family Division of the Children's Court, County Court or Victorian Civil and Administrative Tribunal decision
      • Guideline 7 – judicial review of the Family Division of the Children's Court, County Court or Victorian Civil and Administrative Tribunal decision
      • Notes on Guideline 7 – judicial review of the Family Division of the Children’s Court, County Court or Victorian Civil and Administrative Tribunal decision
    • Notes on fees and other costs payable in child protection matters
  • 7 – State civil law guidelines
    • 7 – State civil law guidelines
    • Guideline 1 – general civil claims of $5000 or more
    • Guideline 2 – Mental Health Tribunal cases
    • Guideline 3 – supervised treatment orders
    • Guideline 4 – guardianship and/or administration cases in the Guardianship List
    • Guideline 5 – coronial inquests
    • Guideline 6 – equal opportunity or discrimination cases
    • Guideline 7 – Victims of Crime Assistance Tribunal cases
    • Guideline 8 – family violence protection order cases
    • Guideline 9 – personal safety intervention order cases
      • Guideline 9 – personal safety intervention order cases
      • Notes on guideline 9 – personal safety intervention order cases
    • Guideline 10 – adoption
    • Guideline 11 – evictions at VCAT
    • Guideline 12 – Supreme Court
    • Guideline 13 – infringements cases
    • Guideline 14 – witnesses appearing before the chief examiner or examiner
  • 8 – Public interest and strategic litigation
  • 9 – Standard grants assessment process
  • 10 – Simplified grants assessment process
    • 10 – Simplified grants assessment process
    • Notes on the guidelines – simplified grants assessment process
  • 11 – Referral and practitioner panels
    • 11 – Referral and practitioner panels
    • Section 29A practitioner panels
      • Section 29A practitioner panels
      • Removal and suspension from a section 29A panel
    • Section 30 Referral Panel
      • Section 30 Referral Panel
      • Removal from the Section 30 Referral Panel
  • 12 – Means test
    • 12 – Means test
    • Means test guideline exemptions
    • Means Test Discretion Policy
    • Contributions Policy
    • Managing Debt Policy
    • National Redress Scheme
    • Commonly asked questions about the means test
    • Means test definitions
  • 13 – Commonwealth merits test
    • 13 – Commonwealth merits test
    • The reasonable prospects of success test
      • The reasonable prospects of success test
      • Applying the 'reasonable prospect of success' test
    • The prudent self-funding litigant test
      • The prudent self-funding litigant test
      • Notes on the 'prudent self-funding litigant' test
    • The appropriateness of spending limited public legal aid funds test
      • The appropriateness of spending limited public legal aid funds test
      • Notes on the 'appropriateness of spending limited legal aid funds' test
    • Parenting disputes where the person is in custody
      • Parenting disputes where the person is in custody
      • Notes on the persons in custody test
  • 14 – State reasonableness test and interests of justice test
    • 14 – State reasonableness test and interests of justice test
    • State reasonableness test
    • State interests of justice test
  • 15 – Special circumstances
    • 15 – Special circumstances
    • Notes on the special circumstances guideline
  • 16 – Applying for a grant of legal assistance
    • 16 – Applying for a grant of legal assistance
    • How to apply
    • Does a person need a lawyer to help them apply?
    • Helping a client apply for a grant of legal assistance
    • How to fill in the application form
    • Giving false information or omitting relevant information in the application
    • Late applications and time limits
    • How to apply for further assistance, or additional assistance
    • Submitting the application
    • Urgent applications
    • Applications by children
    • Interstate matters
      • Interstate matters
      • Forum test
      • Australian legal aid commissions application forms
  • 17 – Decision to grant or refuse assistance
    • 17 – Decision to grant or refuse assistance
    • If a grant of legal assistance is refused
    • If a grant of legal assistance is made
    • Limits on the costs payable by VLA
  • 18 – Reconsideration and review of decisions
    • 18 – Reconsideration and review of decisions
    • Which decisions may be reconsidered or reviewed?
    • Internal reconsideration of decisions
    • Independent review of decisions
  • 19 – Standard terms and conditions
  • 20 – Abandoning legal assistance
  • 21 – Finalising grants of legal assistance
  • 22 – Allocation of work to lawyers and law firms
    • 22 – Allocation of work to lawyers and law firms
    • Allocation of work guideline
    • General terms of allocation of work
    • Requesting a change of allocated lawyer
  • 23 – Payments to lawyers and service providers
    • 23 – Payments to lawyers and service providers
    • Professional costs
    • Counsel's fees
    • Payments to agents
    • Duty lawyer schemes
    • Disbursements
      • Disbursements
      • Minimum evidence to be retained on file for claims for disbursements and counsel fees
      • Interim claims for authorised disbursements
      • Table OO – VLA rates for reimbursement of authorised disbursements/expenses
      • Table Q – Expert reports and court attendances in family law matters
      • Table S – Expert reports and court attendances by psychologists and psychiatrists in criminal matters
    • Cost ceilings
    • Stage of matter limits
    • Lump sum fees
    • Costs payable in criminal law matters
      • Costs payable in criminal law matters
      • Fee Schedule 1 – Lump sum and other fees payable in criminal law matters
        • Fee Schedule 1 – Lump sum and other fees payable in criminal law matters
        • Conditions for paying lump sum fees in criminal law matters
        • Principles applying to payment of preparation fees to solicitors
        • Summary criminal proceedings
        • Table A
        • Table B
        • Table C
        • Table D – Lump sum fees for bail applications in the Supreme Court
        • Principles applying to payment of fees for Magistrates' Court stage of indictable matters
        • Table E – Lump sum fees for the Children's Court and Magistrates’ Court stage of an indictable crime matter
        • Principles applying to payment of fees for the County or Supreme Court stage of an indictable crime matter
        • Table F – Lump sum fees for County Court and Supreme Court stage of an indictable crime matter
        • Table F(i) – Lump sum and other fees for serious indictable crime matters in the Children’s Court
        • Table G – Lump sum fees for sentence appeals in the County Court
        • Table H – Lump sum fees for appeals against sentence and conviction in the County Court
        • Table J – Lump sum fees for Supreme Court and County Court breach matters
        • Table K – Lump sum fees for appeals to the Court of Appeal
        • Table K(i) – Lump sum fees for appeal by the Director of Public Prosecutions to the Court of Appeal
        • Table K(ii) – Lump sum fees for interlocutory appeal
        • Table L – Lump sum fees for criminal appeals in the High Court
        • Table NN
      • Fee Schedule 1A – Fees payable in criminal matters if an Appeal Costs Certificate has been granted
      • Fee Schedule 4 – Counsel’s fees in criminal trials
        • Fee Schedule 4 – Counsel’s fees in criminal trials
        • Table Z – Fees for applications and reviews in Serious Offenders Act 2018 proceedings
        • Table T – Counsel’s fees in Crimes (Mental Impairment and Unfitness to be Tried) Act matters
    • Costs payable in child protection matters
      • Costs payable in child protection matters
      • Table A2 – Standard fees in child protection cases in the Family Division of the Children’s Court
      • Principles applying to payment of fees in Family Violence Protection Act 2008 matters
    • Costs payable in Commonwealth family law and child support matters
      • Costs payable in Commonwealth family law and child support matters
      • General costing principles
      • Fee increases
      • Fee table 4: Commonwealth family law and child support matters
      • Grants pathways
    • Costs payable in civil law matters
      • Costs payable in civil law matters
      • Fee Schedule 2 – Professional costs, lump sum and other fees in civil law matters
      • Fee Schedule 5 – Fees in migration cases
      • Fee Schedule 6 – Fees in war veterans’ cases
  • 24 – Quality Assurance
  • 25 – Privacy protection
    • 25 – Privacy protection
    • Personal information in the application for legal assistance
    • Right to access and amend personal information held by VLA
    • Privacy complaints
  • 26 – Complaints and feedback
• Invoice, forms and worksheets
• Interim fees
• Handbook archive
• Contact us