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:
- the person pleads ‘not guilty’
- the person has a ‘ on the most serious charge or charges (that is, the ones involving the most serious penalty) arising from a single set of facts
- a conviction is a term of immediate imprisonment.
See below for details of the necessary supporting information.
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 1.1
- copies of the charge or charges
- the basis for the defence or defences
- full details of the person's prior convictions (if any)
- details of the evidence they will rely on to support the defence or defences
- the lawyer’s assessment of the strengths and weaknesses of the defence or defences
- relevant (if a waiver does not apply).
Reviewed 17 April 2023