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"In cases where fresh and compelling evidence of a potential substantial miscarriage of justice exists,it is appropriate that the judiciary rather than politicians consider the appeal,openly and transparently,"Ms Hennessy said.

She said the change mirrors reforms already in place in Tasmania and South Australia and will ensure that second appeals are only available in exceptional circumstances,and are"dealt with openly and impartially by the courts rather than behind closed doors".

Faruk Orman in July,just hours after being freed from prison.Credit:Justin McManus

The proposed change come amid a raft of potentially controversial and politically difficult petitions for the Attorney-General,who has 18 awaiting review.

Police killer Jason Roberts,convicted of the 1998 murders of Sergeant Gary Silk and Senior Constable Rodney Miller,was granted a fresh appeal following a petition last year.

More petitions are expected arising from the royal commission examining the scandal surrounding Nicola Gobbo,the former gangland barrister – known as Informer 3838 or Lawyer X – who became a police informer and gave up her own clients.

The most recent successful petition of mercy in Victoria was that of Faruk Orman,whose conviction for the gangland murder of Victor Peirce was overturned after it was contaminated by Ms Gobbo.

Mr Orman's lawyer Ruth Parker said the proposal separates what should be an impartial decision made by the courts from the political sphere.

"It has placed the Attorney-General in an impossible situation of being a political figure and making decisions that go to the heart of justice,"Ms Parker said.

"By allowing people to go back,it places the decision-making back in the hands of the judges."

Mr Orman's was the first petition of mercy Ms Hennessy referred to the Court of Appeal as a result of the scandal involving the barrister-turned-police-informer.

The attorney-general is also attempting to reform appeals to the County Court from the Magistrates Court,Childrens Court and Family Court. There are 3200 of these"du novo"appeals a year,Ms Hennessy said.

Currently,the County Court must hear all evidence again and reach a new decision. The reform would see appeals decided on transcripts of evidence from the original hearing.

Though touted to improve efficiency,Australian Law Alliance's Greg Barns said the reform may slow cases down with lawyers more wary of how they run cases if transcripts will later be pored over.

"Everybody in the Magistrates Court ... will be conducting hearings,including pleas of guilty,with a view of dotting every'I'and crossing every'T',"Mr Barns said.

Shadow attorney-general Edward O'Donohue said the court system was at breaking point under the current government.

"In considering this bill once it's released,the opposition will be focused to make sure that Daniel Andrews and Jill Hennessy aren't cutting corners to save time and money,rather than making the investments our justice system desperately needs,"Mr O'Donohue said.

Clarification:An earlier version of this story incorrectly said petitions of mercy would be scrapped. If a convicted criminal's second appeal is unsuccessful they will still be able to petition the attorney-general for mercy.

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