Criminal law resources
Criminal law resources
Latest update
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.
Case note
Court of Appeal checklists and fact sheets
- Merits advice checklist and template (doc, 481.5 KB)
- Merits advice checklist only (doc, 268 KB)
- Merits advice fact sheet only (doc, 241 KB)
- Merits advice template only (doc, 263.5 KB)
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:
- Brief analysis and case strategy (docx, 195.77 KB)
- Committal report and trial preparation plan (docx, 191.47 KB)
- Brief and handover to counsel (docx, 190.25 KB)
Indictable checklists for non-sexual offences
- Allocation checklist (doc, 225 KB).
- After brief served checklist (doc, 263.5 KB)
- Before committal checklist (doc, 255 KB)
- After committal to trial checklist (doc, 289.5 KB)
- Plea checklist (doc, 248.5 KB)
- Pre-trial checklist (doc, 275.5 KB)
- Post-plea checklist (doc, 227.5 KB)
Indictable checklists for sexual offences
- Allocation checklist (sexual offences) (doc, 228 KB)
- After brief served checklist (sexual offences) (doc, 281.5 KB)
- Before committal checklist (sexual offences) (doc, 274 KB)
- After committal to trial checklist (sexual offences) (doc, 303 KB)
- Plea checklist (sexual offences) (doc, 252.5 KB)
- Pre-trial checklist (sexual offences) (doc, 291 KB)
- Post-plea checklist (sexual offences) (doc, 236.5 KB)
Other checklist
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)
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)
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)
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)
A useful checklist to use when advising an adult suspect before a police interview. - Information for your next court date – form (doc, 220 KB)
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. - Mandatory visa cancellations – information for lawyers (docx, 147.38 KB)
This fact sheet is for criminal lawyers when advising clients who may encounter the mandatory visa cancellation provisions under the Migration Act 1958 (Cth). - Pleading guilty – advising adult clients about non-court consequences (docx, 148 KB)
Lawyers must advise clients of other potential consequences of pleading guilty to a criminal offence. This fact sheet outlines information for lawyers about common consequences such as visa cancellations, working with children checks and sex offender registration. - Prohibition orders against adult sex offenders – overview (doc, 154 KB)
A quick overview of prohibition orders under the Sex Offenders Registration Act 2004. - Prohibition orders against adult sex offenders – summary (doc, 170.5 KB)
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)
A summary of changes to community correction orders introduced by the Sentencing (Community Correction Order) and Other Acts Amendment Act 2016 (Vic).
Offence snapshots for duty lawyers
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)
- Assaults (doc, 218 KB)
- Burglary (doc, 233.5 KB)
- Causing injury intentionally or recklessly and causing serious injury recklessly (doc, 252 KB)
- Conduct endangering life or persons (doc, 221.5 KB)
- Indictable offences that may be heard and determined summarily (doc, 244.5 KB)
- Robbery (doc, 220.5 KB)
- Stalking (doc, 227.5 KB)
- Theft (doc, 240 KB)
Children's Court Criminal Division
For checklists and fact sheets relating to the Children's Court Criminal Division, see Youth Crime.