Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 37

Service of statements on defendant

37. Service of statements on defendant



(1) The informant may serve on the defendant in the case of a charge for a
summary offence a brief of evidence which must contain-

   (a)  a notice in the prescribed form explaining this section and clause 5
        of Schedule 2; and

   (b)  a list of the persons who have made statements which the informant
        intends to tender at the hearing of the charge if the defendant does
        not appear; and

   (c)  copies of the statements referred to in paragraph (b); and

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

   (e)  a copy of any document which the informant intends to produce as
        evidence; and

   (f)  a list of any things proposed to be tendered as exhibits; and

   (g)  a photograph of any proposed exhibit that cannot be described in
        detail in the list.

(2) Subject to subsection (8), a statement which the informant intends to
tender at the hearing of the charge if the defendant does not appear must be-

   (a)  in the form of an affidavit; or

   (b)  signed by the person making the statement and must contain an
        acknowledgment signed in the presence of-

   (i)  a member of the police force of Victoria or of any other State or of
        the Northern Territory of Australia; or

   (ii) a member of the Australian Federal Police; or

   (iii) an authorised officer within the meaning of the Fisheries Act 1995-

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.

(3) If a person under the age of 18 years makes a statement which the
informant intends to tender as mentioned in subsection (2), the statement must
include the person's age.

(4) If a person who cannot read makes a statement which the informant intends
to tender as mentioned in subsection (2)-

   (a)  the statement must be read to the person before he or she signs it;
        and

   (b)  the acknowledgement must state that the statement was read to the
        person before he or she signed it.

(5) A person who acknowledges a statement which the informant intends to
tender as mentioned in subsection (2) and which the person knows at the time
to be false is liable to the penalties of perjury.

(6) The brief of evidence referred to in subsection (1) must be served in
accordance with section 34 or 36(1) (as the case requires) as though it were a
summons to answer to a charge.

(7) Service of a brief of evidence may be proved in any manner in which
service of a summons to answer to a charge may be proved under section 35.

(8) It is not necessary that the copy of the statement referred to in
subsection (1)(b) contained in the brief of evidence served on the defendant
comply with subsection (2) if-

   (a)  the informant files with the appropriate registrar at least 7 days
        before the mention date a copy of a statement complying with
        subsection (2); and

   (b)  the statement contains an acknowledgement signed by the person making
        the statement in the presence of a person referred to in subsection
        (2)(b)(i) or (ii) that the content of the statement is identical to
        that of the copy statement served on the defendant.