Notice accompanying full brief
Form 11 Notice accompanying full brief
Rule 20
Notice Accompanying Full Brief
(Section 41 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 full 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 your criminal record or a statement that you have no previous convictions
It also contains any information the prosecution intends to use at the hearing:
🞏 A copy of any statement(s) that you have signed
🞏 Your record of interview
🞏 A copy of any audio visual recording or transcript relating to the taking of a forensic procedure
🞏 A list of witnesses at the hearing and copies of their statements
🞏 Legible copies of any documents
🞏 A list of any exhibits (objects) and detailed descriptions—if these cannot be described, a clear photograph must be included
🞏 Details of any forensic procedure, examination or test that has not been completed
🞏 Any evidentiary certificate issued under any Act that is likely to be relevant to the alleged offence
It also contains anything else relevant to the alleged offence that the prosecution does not intend to use at hearing:
🞏 A list of the people who have made written statements and copies of their statements
🞏 A list of the people who have provided information and summaries of what they said
🞏 A list of any exhibits and detailed descriptions or clear photographs
🞏 A copy of medical examination records or results of forensic procedures that have been conducted
🞏 A written notice of any information, document or thing.
(Note: In some cases, the informant (the person who charged you) can refuse to give you information, but they must explain why by giving you a notice in writing)
Police officer/
Authorised person:
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 full 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 full 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—
• | make a decision without you about your case and issue a penalty based on the information in the full brief; |
• | issue a warrant for your arrest. |
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—
• | make a decision without you about your case and issue a penalty based on the information in the full brief; and |
• | issue a warrant for your arrest; and |
• | charge you with additional offences under the Bail Act 1977. |
HOW THE MAGISTRATE MAKES A DECISION WITHOUT YOU FOR A SUMMARY OFFENCE
The magistrate may base the decision on the information in the full brief, if the brief—
• | was given to you at least 14 days before the date of the hearing; and |
• | stated the offence with which you have been charged. |
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.
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