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:
- a finding of guilt is reasonably likely to result in youth detention or an order involving youth justice supervision
- the child has a reasonable prospect of obtaining diversion.
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 ATLAS, 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.
Updated