Chapter 4: The principles of justice in a criminal case

Question 1

What are the five kinds of legal aid and who provides them?

Answer 1

1. Free legal information [VLA, CLCs]
2. Free legal advice [VLA, CLCs]
3. Duty lawyer services [VLA, CLCs] – free legal advice and/or representation on day of hearing at Magistrates’ Court
4. Grant of legal assistance [VLA] – free legal advice and representation provided by private lawyer who is paid by VLA or in-house VLA lawyer
5. Casework and representation services {CLC] - free legal advice and representation provided by in-house CLC lawyer

Question 2

What are the two requirements that an accused must satisfy to qualify for free legal advice only from a VLA duty lawyer?

Answer 2

1. Income test (<$360 net income per week)
2. Straight forward charge and likely penalty is low level fine (<$1500)

Question 3

What are the two requirements that an accused must satisfy to qualify for free legal representation by a VLA duty lawyer?

Answer 3

1. Income test: <$360 net income per week
2. Significant charge (real risk of imprisonment, CCO or fine ≥ $1,500) or accused is priority client

Question 4

What are the two requirements that an accused must satisfy to qualify for a VLA grant of legal assistance?

Answer 4

1. Means test: <$360 net income per week + net assets < $1095
2. Summary offence – State reasonableness test
   Indictable offence: Stet interests of justice test (is legal representation necessary for accused to be given a fair trial?)

Question 5

What percentage of Victorian households are likely to satisfy the means test?

Answer 5

8% (Productivity Commission’s 2014 Access to Justice Arrangements Report)

Question 6

Identify the three main areas for which victims can be given legal aid

Answer 6

1. Victims of violent crime – obtaining financial assistance through the Victims of Crime Financial Assistance Scheme
2. Victims of crime - applying to a court for a compensation order (ie. an order requiring an offender to compensate the victim for loss or injury caused by the offender) or a restitution order (eg. an order requiring the offender to return property stolen from the victim)
3. Victims of family violence – applying to a court for a family violence intervention order

Question 7

VLA only provides duty lawyer services and grants of legal assistance for one of these three areas. Which area is this?

Answer 7

Victims of family violence – applying to a court for a family violence intervention order.

Question 8

CLCs only provide duty lawyer services for one of these three areas. Which area is this?

Answer 8

Victims of family violence – applying to a court for a family violence intervention order.