Who is on the Criminal Trial Preferred Barrister List
Only barristers on the Criminal Trial Preferred Barrister List can be briefed for major criminal trials of longer than 15 days. In all other criminal trials, an exception is required from Victoria Legal Aid in advance to brief barristers who are not on the Criminal Trial Preferred Barrister List.
The Criminal Trial Preferred Barrister List operates in harmony with the Victorian Bar Indictable Crime Certificate accreditation scheme. This is reflected in one of the key entry criteria for membership on the list, which requires the barrister to apply for or maintain an Indictable Crime Certificate.
Briefing a barrister
Victoria Legal Aid expects practitioners to exercise their professional judgement and employ a sensible briefing practice in selecting appropriately qualified barristers for different trials.
A practitioner must obtain approval from Victoria Legal Aid prior to briefing Senior Counsel. If a practitioner briefs Senior Counsel without the appropriate grant of legal assistance, counsel will be paid at Senior Junior rates in accordance with the fees in Table F and Table M.
Barristers on this list will change. Practitioners should refer to this page before briefing to ensure the barrister is on this list.
Who is on the list
The Criminal Trial Preferred Barrister List includes barristers who have applied to be on the list and have satisfied the entry requirements for membership. While Victoria Legal Aid is confident that all preferred barristers are qualified to conduct criminal trials, they all have different levels of experience and expertise.
The list includes members from the Victorian Bar and public defenders from Victoria Legal Aid Chambers.
Senior dublic defenders and public defenders from Victoria Legal Aid Chambers are automatically on the Preferred Barrister List for the duration of their employment at Victoria Legal Aid. If their employment at Victoria Legal Aid ends (for example they return to or join the Victorian Bar), then they will need to submit an expression of interest to remain on the list.
Associate public defenders do not ordinarily appear unled in trials and are thus not automatically on the Preferred Barrister List. If a practitioner would like to brief an associate public defenders to appear unled in a trial, they will need to submit an exception application. Associate public defenders themselves do not apply for an exception.
For more information to assist practitioners with understanding the changes to briefing a barrister for a criminal trial and navigating the changes to ATLAS, please see:
Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
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