New fees for criminal matters affected by COVID-19
We have introduced additional fees for new procedures implemented by the courts as part of their COVID-19 response. Read about Criminal law fees due to COVID-19
Read Magistrates’ Court of Victoria Practice Direction 17 of 2020 and our fees to find out when VLA will pay a special mention fee for summary matters are hearings.
Read about other changes to our services due to COVID-19.
Court of Appeal merits advice
Criminal trial quality tools and checklists
A working group, including lawyers from private practice and community legal centres, has collaborated to develop these tools as part of the delivering high quality criminal trials consultation:
Indictable checklists for non-sexual offences
Indictable checklists for sexual offences
- Allocation checklist (sexual offences) (doc, 228 KB)(opens in a new window)
- After brief served checklist (sexual offences) (doc, 281.5 KB)(opens in a new window)
- Before committal checklist (sexual offences) (doc, 274 KB)(opens in a new window)
- After committal to trial checklist (sexual offences) (doc, 303 KB)(opens in a new window)
- Plea checklist (sexual offences) (doc, 252.5 KB)(opens in a new window)
- Pre-trial checklist (sexual offences) (doc, 291 KB)(opens in a new window)
- Post-plea checklist (sexual offences) (doc, 236.5 KB)(opens in a new window)
Other checklist
- Post-committal negotiation checklist (docx, 189.33 KB)(opens in a new window)
- Practitioners commissioning psychiatric or psychological reports for use at a client’s sentencing hearing, must comply with the requirements of the Supreme Court Practice Note SC CR 7 ‘Expert reports on mental functioning of offenders’. Read Psychological and psychiatric reports for sentencing hearings.
Practice updates and materials
Our lawyers have documented a number of checklists, practical tips and handy hints, which may be useful references for other lawyers.
- Accused in custody to appear in Magistrates’ Court by video link (docx, 134.33 KB)(opens in a new window)
From Monday 12 September 2016 it is presumed that an accused will appear via an AVL for all hearings with the exception of listings outlined in section 42JA(2) and (3). Read our practice update for more information. - A lawyer’s guide to residential rehabilitation services (docx, 135.71 KB)(opens in a new window)
This is a guide for lawyers wanting to assist their clients to access residential drug rehabilitation. It has information about residential rehabilitation facilities and how to get clients in custody assessed for a rehabilitation program. - Advising adult suspects before a police interview (docx, 180.35 KB)(opens in a new window)
A snapshot of matters for lawyers to consider when deciding whether to advise an adult suspect to answer questions or exercise their right to silence in a police interview. - Advising an adult suspect before a police interview checklist (docx, 178.91 KB)(opens in a new window)
A useful checklist to use when advising an adult suspect before a police interview. - Information for your next court date – form (doc, 220 KB)(opens in a new window)
A form that a duty lawyer can give to an accused person they assist at court when the person’s case is adjourned. The duty lawyer can write details of the next hearing on the document and set out anything the person should do to before then. - This fact sheet is for criminal lawyers when advising clients who may encounter the mandatory visa cancellation provisions under the Migration Act 1958 (Cth).
- Prohibition orders against adult sex offenders – overview (doc, 154 KB)(opens in a new window)
A quick overview of prohibition orders under the Sex Offenders Registration Act 2004. - Prohibition orders against adult sex offenders – summary (doc, 170.5 KB)(opens in a new window)
A detailed summary of prohibition orders available under the Sex Offenders Registration Act 2004. - Psychological and psychiatric reports for sentencing hearings.
Video of panel discussion on expert witness practice note. Includes precedent report request letter. - Summary of changes to community correction orders 2016 (docx, 139.34 KB)(opens in a new window)
A summary of changes to community correction orders introduced by the Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 (Vic).
Case note
Offence snapshots for duty lawy ers
Offence snapshots for duty lawyers, providing an overview of individual offences, including the elements that need to be proved, relevant legislation, case law and sentencing statistics:
- Aggravated Burglary (doc, 200.5 KB)(opens in a new window)
- Assaults (doc, 218 KB)(opens in a new window)
- Burglary (doc, 233.5 KB)(opens in a new window)
- Causing injury intentionally or recklessly and causing serious injury recklessly (doc, 252 KB)(opens in a new window)
- Conduct endangering life or persons (doc, 221.5 KB)(opens in a new window)
- Indictable offences that may be heard and determined summarily (doc, 244.5 KB)(opens in a new window)
- Robbery (doc, 220.5 KB)(opens in a new window)
- Stalking (doc, 227.5 KB)(opens in a new window)
- Theft (doc, 240 KB)(opens in a new window)
Children's Court Criminal Division
For checklists and fact sheets relating to the Children's Court Criminal Division, see Youth Crime.
Precedent letters to experts – mental functioning reports
We have worked with expert psychiatrists, neuropsychologists and psychologists to develop several precedent letters that you can use when requesting forensic reports for plea hearings and mental impairment and fitness assessments. The letters set out relevant issues the expert should address in their report and direct them to the applicable court practice notes. Download the letters:
- VLA precedent letter to psychologist requesting new assessment and report for plea (docx, 35.38 KB)(opens in a new window)
- VLA precedent letter to psychiatrist requesting new assessment and report for plea (docx, 72.01 KB)(opens in a new window)
- VLA precedent letter to neuropsychologist requesting new assessment and report (docx, 35.47 KB)(opens in a new window)
- VLA precedent letter to psychiatrist requesting mental impairment assessment and report (docx, 37.3 KB)(opens in a new window)
- VLA precedent letter to psychiatrist requesting fitness to stand trial assessment and report (docx, 36.09 KB)(opens in a new window)
Visit Psychological and psychiatric reports for sentencing hearings to read more about the requirements expert witness practice note and view a video of panel discussion of them.
Updated