Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 37

Contents of preliminary brief

37. Contents of preliminary brief



(1) A preliminary brief must include-

   (a)  a copy of the charge-sheet in respect of the alleged offence; and

   (b)  a notice in the form prescribed by the rules of court-

   (i)  explaining this section and section 84; and

   (ii) explaining the importance of the accused obtaining legal
        representation; and

   (iii) advising that the accused has the right, if eligible, to legal aid
        under the Legal Aid Act 1978; and

   (iv) providing details of how to contact Victoria Legal Aid; and

   (c)  a statement made by the informant personally that complies with
        subsection (2) and section 38; and

   (d)  any evidentiary certificate issued under any Act that is likely to be
        relevant to the alleged offence and is available at the time the
        preliminary brief is served; and

   (e)  a copy of the criminal record of the accused that is available at the
        time the preliminary brief is served or a statement that the accused
        has no previous convictions known at that time; and







   (f)  if the informant refuses to disclose any information, document or
        thing that is required to be included in the preliminary brief, a
        written notice that the informant refuses disclosure under section 45,
        identifying the ground for refusing disclosure; and

   (g)  a list of any other orders that are or will be sought, as known at the
        time of preparation of the preliminary brief.

(2) A statement by the informant in a preliminary brief must be a complete and
accurate statement of the material available to the prosecution at the time
the statement is sworn, signed or attested and must include-

   (a)  a statement of the alleged facts on which the charge is based,
        including reference to the material available to the prosecution to
        support the alleged facts; and

   (b)  a description of the background to and consequences of the alleged
        offence, if known; and

   (c)  a summary of any statements made by the accused concerning the alleged
        offence, including any confession or admission; and

   (d)  a list of the names of all persons who, at the time the statement is
        signed, may be called by the prosecution as witnesses at the hearing
        of the charge, indicating whether those persons have made statements;
        and

   (e)  a list of any things the prosecution may tender as exhibits,
        indicating whether they are in the possession of the prosecution at
        the time the statement is signed.



(3) A preliminary brief may include any other information, document or thing
that is relevant to the alleged offence and may assist the accused in
understanding the evidence against the accused that is available to the
prosecution.

Example Statements of key witnesses may be included in the preliminary brief.
Notes 1. If the Magistrates' Court hears and determines a charge in the
absence of the accused, section 84 provides that certain documents in a
preliminary brief served on the accused at least 14 days before the hearing
date are admissible in evidence. 2. See section 86 as to proof of criminal
record in the absence of the accused.