Informant may serve and file plea brief
116 Informant may serve and file plea brief
At any time before service of a hand-up brief, the informant may serve on the accused a plea brief that complies with section 117 if consent is given under subsection (2).
A plea brief may only be served if the accused, or a legal practitioner representing the accused, gives written consent to the service of a plea brief to—
the informant; and
if the DPP is conducting the committal proceeding, the DPP.
S. 116(3) amended by No. 68/2009 s. 51(zc).
A plea brief must be served on the accused in accordance with section 394 (ordinary service).
Within 7 days after service of the plea brief on the accused, the informant must—
file a copy of a plea brief with the registrar; and
if the DPP is conducting the committal proceeding, forward another copy to the DPP.
Note
Section 142 provides for determination of a committal proceeding where a plea brief is used.
This Act’s bill:Explanatory memorandumSecond reading speech
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