Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 38

Requirements for informant's statement in preliminary brief

38. Requirements for informant's statement in preliminary brief



(1) A statement by the informant in a preliminary brief must be-

   (a)  in the form of an affidavit; or

   (b)  signed by the informant and contain an acknowledgment signed in the
        presence of a person referred to in Schedule 3 that the statement is
        true and correct and is made in the belief that a person making a
        false statement in the circumstances is liable to the penalties of
        perjury; or

   (c)  in a form, and attested to in a manner, prescribed by the rules of
        court.







(2) An informant who acknowledges a statement referred to in subsection (1)
which the informant knows at the time to be false is liable to the penalties
of perjury.

Note See section 314 of the Crimes Act 1958 for the offence of perjury.