Magistrates' Court Criminal Procedure Rules 2019

Rule 18

Pre-hearing Disclosure Notice for Matters to be Determined by a Committal Proceeding

(Section 13 of the Criminal Procedure Act 2009)

You have been charged with an indictable offence.

You should speak to a legal practitioner (a lawyer) immediately.

How can you get information about your charge?

Your charge-sheet will have some information about the charge. More information about the charge will be provided to you when the informant (the person who charged you) gives you a hand-up brief or plea brief.

Hand-up brief:

The informant must give you a hand-up brief containing the evidence on which they rely to prove the charge against you and a statement that you have no previous convictions or a copy of your criminal record by the date fixed by the Court at the filing hearing.

Plea brief:

If you decide to plead guilty to the charge the informant may give you a plea brief. The informant may only give you a plea brief if you have given your written consent. You should obtain legal advice before providing your written consent.

Continuing obligation of disclosure:

The informant has an obligation to disclose to you any information, document or thing that comes into their possession after a hand-up brief is given to you. The informant must give you a copy of the information or list of things as soon as possible after it comes into their possession. However, the informant does not have an obligation to disclose to you any information, document or thing if the informant believes that doing so will result in the disclosure to you of child abuse material. In that case, you may apply to the Court for an order requiring the informant to provide, or make available for inspection, the information, document or thing.

Inspection of exhibits

You may inspect any of the items listed in a hand-up brief at a time and place agreed with the informant.

Get legal advice when you get the hand-up brief

A legal practitioner can help you understand the charges and decide what steps you need to take.

For free legal information or to speak to a legal practitioner call:

Victoria Legal Aid [insert telephone number]

Federation of Community Legal Centres to find the centre closest to you [insert telephone number]

Victoria Aboriginal Legal Service [insert telephone number]

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].