Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 49

Informant may place material on database

49. Informant may place material on database



(1) This section applies if-

   (a)  the informant is a member of the police force or an officer of a
        prescribed agency; and

   (b)  the accused's legal practitioner is authorised by the Secretary to the
        Department of Justice to access electronically the information,
        documents and things referred to in section 43; and

   (c)  it is practicable to transmit electronically the information,
        documents and things that are required to be disclosed.

(2) Subject to this Division, the informant must place on the prescribed
database a copy of-

   (a)  the preliminary brief, if any; and

   (b)  the full brief; and

   (c)  all additional information, documents and things, if any, requested by
        the accused under section 43; and

   (d)  all additional information, documents and things required to be
        disclosed under section 42.

(3) Placement of copies of material on the prescribed database under
subsection (2) is deemed to be service for the purposes of this Division.

Note Time limits provided in this Division for service of a preliminary brief,
a full brief or particular information, documents or things still apply.

(4) A statement by the informant in a copy of a preliminary brief placed on
the prescribed database need not be sworn or attested as required by section
38 if-

   (a)  the database technology does not permit placement of the copy in that
        form; and

   (b)  a physical copy of the preliminary brief complies with section 38.

(5) An informant who places an unsworn or unattested preliminary brief on the
prescribed database must retain the physical copy of the preliminary brief
that is sworn or attested for a period of 12 months after the determination of
the charge.

Note Section 38(2) provides that an informant who acknowledges a statement in
a preliminary brief which the informant knows at the time to be false is
liable to the penalties of perjury.



Division 3-Preliminary disclosure of case of accused