Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 41

Contents of full brief

41. Contents of full brief



(1) Unless earlier disclosed to the accused, whether in a preliminary brief,
at a summary case conference or otherwise, a full brief must contain-

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

   (i)  explaining this section and section 83; 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

   (b)  a copy of the charge-sheet relating to the alleged offence; and

   (c)  a copy of the criminal record of the accused or a statement that the
        accused has no previous convictions; and

   (d)  any information, document or thing on which the prosecution intends to
        rely at the hearing of the charge including-

   (i)  a copy of any statement relevant to the charge signed by the accused,
        or a record of interview of the accused, that is in the possession of
        the informant; and

   (ii) a copy, or a transcript, of any audio-recording or audiovisual
        recording required to be made under Subdivision (30A) of Division 1 of
        Part III of the Crimes Act 1958; and

   (iii) a copy or statement of any other evidentiary material that is in the
        possession of the informant relating to a confession or admission made
        by the accused relevant to the charge.



   (iv) a list of the persons the prosecution intends to call as witnesses at
        the hearing, together with a copy of each of the statements made by
        those persons; and Note See section 47 for requirements for
        statements.

   (v)  a legible copy of any document which the prosecution intends to
        produce as evidence; and

   (vi) a list of any things the prosecution intends to tender as exhibits;
        and

   (vii) a clear photograph, or a clear copy of such a photograph, of any
        proposed exhibit that cannot be described in detail in the list; and

   (viii) a description of any forensic procedure, examination or test that
        has not yet been completed and on which the prosecution intends to
        rely as tending to establish the guilt of the accused; and

   (ix) any evidentiary certificate issued under any Act that is likely to be
        relevant to the alleged offence; and

   (e)  any other information, document or thing in the possession of the
        prosecution that is relevant to the alleged offence including-

   (i)  a list of the persons (including experts) who have made statements or
        given information relevant to the alleged offence but who the
        prosecution does not intend to call as witnesses at the hearing; and

   (ii) a copy of every statement referred to in subparagraph (i) made by each
        of those persons or, if the person has not made a statement, a written
        summary of the substance of any evidence likely to be given by that
        person or a list of those statements or written summaries; and

   (iii) a copy of every document relevant to the alleged offence that the
        prosecution does not intend to tender as an exhibit at the hearing or
        a list of those documents; and

   (iv) a list containing descriptions of any things relevant to the alleged
        offence that the prosecution does not intend to tender as exhibits at
        the hearing; and

   (v)  a clear photograph, or a clear copy of such a photograph, of any thing
        relevant to the alleged offence that cannot be described in detail in
        the list; and

   (vi) a copy of-

                (A)  records of any medical examination of the accused; and

                (B)  reports of any forensic procedure or forensic examination
                     conducted on the accused; and

                (C)  the results of any tests- carried out on behalf of the
                     prosecution and relevant to the alleged offence but on
                     which the prosecution does not intend to rely; and

   (vii) a copy of any other information, document or thing required by the
        rules of court to be included in a full brief; and

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

(2) Section 48 applies to information and other material supplied in a full
brief.

Notes 1. See section 363 as to the prosecution's general obligation of
disclosure. 2. Section 39(4) enables an informant and an accused to agree to
the provision of less material in the full brief than is required by section
41. 3. If the Magistrates' Court hears and determines a charge in the absence
of the accused, section 83 provides that certain documents in a full brief
served on the accused are admissible in evidence. 4. See section 86 as to
proof of criminal record in the absence of the accused.