Magistrates' Court Criminal Procedure Rules 2019

Rule 19

Notice Accompanying Preliminary Brief

(Section 37 of the Criminal Procedure Act 2009)

In the Magistrates' Court of

Victoria at [venue]

Date of hearing:

To the accused:

Family name: First names:

Address: Postcode:

The attached preliminary brief contains the following information, document or thing available at the time of preparation:

🞏 A copy of the charge-sheet setting out the charges against you

🞏 A copy of the notice to appear

🞏 A statement made by the informant (the person who charged you) personally sworn, signed or attested

🞏 A copy of your criminal record or a statement that you have no previous convictions

🞏 Any evidentiary certificate issued under any Act

🞏 A list of any other orders that are or will be sought

🞏 Any information, document or thing that is relevant to the alleged offence that may assist you to understand the evidence against you that is available to the prosecution

Specify:

🞏 A written notice that the informant refuses to disclose any information, document or thing (Note: In some cases, the informant can refuse to give you information, but they must explain why by giving you a notice in writing)

Police officer/

Authorised officer:

Name/Rank/Number:

Agency and address:

Telephone:

Email:

Date:

Signature:

DO NOT IGNORE THIS NOTICE

Are you charged with a summary offence or an indictable offence?

To find out whether your offence is a summary offence or an indictable offence, check which box has been ticked on your charge-sheet.

Get legal advice before you go to court

This notice should have a preliminary brief with it.

A legal practitioner (a lawyer) can help you decide what steps you need to take in relation to your charge and the preliminary brief given to you.

If you are eligible, you have a right to legal aid under the Legal Aid Act 1978. Contact Victoria Legal Aid [insert address and telephone number].

IF YOU ARE ON SUMMONS FOR AN OFFENCE AND DO NOT APPEAR AT COURT

If you have been charged with a summary offence, by way of summons, and you do not appear at court on the date on your summons or notice to appear, the magistrate may—

IF YOU ARE ON BAIL FOR AN OFFENCE AND DO NOT APPEAR AT COURT

If you have been charged with a summary offence, and released on bail, you must attend at court. If you do not attend court, the magistrate may—

HOW THE MAGISTRATE MAKES A DECISION WITHOUT YOU FOR A SUMMARY OFFENCE

The magistrate may base the decision on the information in the preliminary brief, if the brief—

The magistrate cannot use your criminal record to decide if you are guilty or not, but can consider your criminal record when deciding what your penalty will be.

There are some penalties that a magistrate cannot give you without you being at court. If the magistrate is considering these penalties, the hearing must be adjourned and a warrant may be issued for your arrest.

IF YOU ARE CHARGED WITH AN INDICTABLE OFFENCE AND DO NOT APPEAR AT COURT

If you have been charged with an indictable offence, you must appear at court on the date on your summons or notice to appear.

The magistrate cannot hear and decide your case without you (unless the charges are against a corporation) and may issue a warrant for your arrest so that you are brought before the Court. If you have been charged and released on bail and do not attend court, you may be arrested and charged with additional offences under the Bail Act 1977.

FURTHER INFORMATION

Contact the registrar at your local Magistrates' Court for further information.