Guideline
Victoria Legal Aid (VLA) will generally make a grant of legal assistance to a person who wants to apply to the Children's Court, Magistrates’ Court, the County Court or to the Supreme Court for bail if there is a reasonable basis for the bail application.
‘Reasonable basis’ means that a bail application should be made, taking into account the charges, the personal circumstances of the applicant, and relevant bail law. Section 3AAAA and 3AAA are relevant to the assessment of reasonable basis, as is the question of whether a person is likely to spend longer on remand than they would receive as a sentence of imprisonment for the underlying offending.
VLA considers there is always a reasonable basis to make a bail application where the applicant is a child and / or an Aboriginal or Torres Strait Islander person. Practitioners must consider the applicability of s3A Bail Act when representing Aboriginal people in applications for bail, and s3B Bail Act when representing children, in addition to all other relevant factors.
If counsel appears and the matter proceeds as a plea
If counsel appears and considers that the best interests of the person seeking bail would be to enter a plea rather than to proceed with the bail application, then VLA will grant legal assistance for counsel’s appearance at the plea instead of for the bail application.
Bail variations and revocations
VLA may grant legal assistance to a person to either:
- apply to vary the conditions of bail
or
- respond to an application for revocation.
Documentary requirements
With the exception of bail variations and revocations, applications under this guideline are within the simplified grants assessment process. An application for bail variations and revocation must be made via the standard grants assessment process.
Standard grants assessment process
Lawyers seeking a grant of legal assistance via the standard grants assessment process should submit an application via ATLAS for assessment, including all of the following documents:
- copies of the charge or charges
- the grounds they will rely on to support their application
- the lawyer’s assessment of the strengths and weaknesses of the application
- full details of the person's prior convictions (if any)
- relevant proof of means (if a waiver does not apply).
Simplified grants assessment process
Lawyers seeking a grant of legal assistance via the simplified grants assessment process 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 6
- copies of the charge or charges
- the grounds they will rely on to support their application
- the lawyer’s assessment of the strengths and weaknesses of the application
- relevant proof of means (if a waiver does not apply).
Lawyers are also encouraged to complete a bail worksheet and a proof of means worksheet for their file.
Updated