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1.4 – not guilty pleas
Victoria Legal Aid (VLA) may make a grant of legal assistance for a summary criminal social security prosecution for a plea of not guilty if the applicant has a reasonable prospect of acquittal and either:
- a conviction will have a significant detrimental effect on the person’s livelihood or employment (current or prospective)
- the likely penalty upon conviction is:
- imprisonment
- detention
- a community correction order requiring more than 200 hours of unpaid community work
- a community correction order where the person will have difficulty communicating their rehabilitative needs because of a serious mental health issue or intellectual disability, lack of education or difficulties in understanding English.
1.5 – guilty pleas
A grant of legal assistance may be made for a social security prosecution for a plea of guilty if any of the following apply:
- a conviction will have a significant detrimental effect on the applicant’s livelihood or employment (current or prospective)
- it is not appropriate for the matter to be dealt with by a duty lawyer due to complexity or any other aggravating circumstance
- the likely penalty upon conviction is:
- imprisonment
- detention
- a community correction order requiring more than 200 hours of unpaid community work
- a community correction order where the person will have difficulty communicating their rehabilitative needs because of a serious mental health issue or intellectual disability, lack of education or difficulties in understanding English.
Documentary requirements
Applications under this guideline are within the simplified grants assessment
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 1.4 or 1.5, as relevant
- copies of the charge or charges
- full details of the person's prior convictions (if any)
- the lawyer’s brief assessment of:
- the likely penalty having regard to any prior relevant convictions
- the effect of a conviction on the applicant’s livelihood or employment
- for applications under guideline 1.4, the strengths and weaknesses of the defence or defences
- for applications under 1.5, the reasons why the matter cannot be dealt with by a duty lawyer
- relevant proof of means (if a waiver does not apply).
Lawyers are also encouraged to complete a summary crime worksheet and a proof of means worksheet for their file.
Reviewed 13 April 2023