Guideline 7.3 – appeals to the High Court

Guideline 7.3 – appeals to the High Court

Appeal by applicant

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for an application for special leave or a criminal appeal to the High Court where:

  • the person was sentenced to immediate imprisonment or detention (unless the person is a child)
  • there are reasonable grounds for the appeal
  • there is a reasonable prospect of the appeal resulting in a lesser total effective sentence, youth detention order, non-parole period or period prior to recognisance release order (unless the person is a child)

"Child" means a child as defined in section 3(a) of the Children, Youth and Families Act 2005 (Vic).

Prosecution appeal

VLA may make a grant of assistance to a person to respond to an application for special leave or a criminal appeal to High Court where the prosecution has filed the appeal.

Documentary requirements

Applications under this guideline are only made by the standard grants assessment process.

A member of the section 29A practitioner panel seeking a grant of legal assistance should submit an application via ATLAS for assessment, including the listed documents:

  • relevant proof of means
  • and, if they are available:
    • the advice of trial or appellate counsel
    • the relevant court transcripts and judgments.