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 lawyer on 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.
Updated