Changes to criminal law guidelines 4 and 10

Guideline 4

The VLA Board has amended Guideline 4, relating to Criminal Trials in the County and Supreme Courts which now allows us to consider exceptions to brief a non-preferred barrister in major criminal trials where exceptional circumstances exist.

The Guideline now provides that ‘exceptions to briefing a preferred barrister will only be granted for a major criminal trial in exceptional circumstances’.

An application for exception in a major criminal case must be submitted well in advance of the trial detailing the particular exceptional circumstances relied upon which necessitate briefing of a non-preferred barrister. Our Preferred Barrister List Selection Committee will consider the exception requests before a decision is made.

If a non-preferred barrister was briefed for a contested committal in a major criminal case, this will not generally constitute exceptional circumstances.

Practitioners are able to submit an exception request in ATLAS or by email to the Preferred Barrister List inbox.

Guideline 10

The VLA Board has also amended Guideline 10, relating to Post-sentence Supervision and Detention Orders to include both applications and reviews relating to Commonwealth Continuing Detention Orders, Control Orders and Extended Supervision Orders.

Subject to other eligibility requirements, a person involved in an application by the Minister for the Department of Home Affairs for a Continuing Detention Order, Control Order or Extended Supervision Order or review of these orders, will usually be granted legal assistance.

Until such time that ATLAS is updated, practitioners are encouraged to continue submitting the applications covered by Guideline 10 through the ‘VLA ASSESSED - PUBLIC INTEREST & STRATEGIC LITIGATION GUIDELINE’ option, under the Civil law Tab.

More information

These changes are live on ATLAS and will be updated on the Handbook for lawyer shortly.

For more information about guideline changes, see Archived versions of the Handbook.