Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 39

When full brief must be served

39. When full brief must be served



(1) At any time after a criminal proceeding has commenced or, if a preliminary
brief is served under section 24, at any time after a summary case conference
is held, the accused, by written notice to the informant, may request that a
full brief be served.

Note Section 54 provides for summary case conferences.

(2) If the accused gives a notice under subsection (1), the informant must
serve a full brief on the accused at least 14 days before-

   (a)  the contest mention hearing; or

   (b)  if a contest mention hearing is not held, the summary hearing.

(3) The Magistrates' Court, by order, may vary the date for service of a full
brief to a specified date that is earlier or later than the date for service
required by subsection (2).

(4) Nothing in this section prevents agreement between the informant and the
accused to more limited disclosure than is required in a full brief.