Victorian Current Acts Victorian Current ActsA hand-up brief must contain—
(a) a notice in the form prescribed by the rules of court—
(i) specifying the date of the committal mention hearing; and
(ii) explaining the nature of a committal proceeding and the purpose of the various stages; and
(iii) explaining the importance of the accused obtaining legal representation; and
(iv) advising that the accused has the right, if eligible, to legal aid under the Legal Aid Act 1978 ; and
(v) providing details of how to contact Victoria Legal Aid; and
(vi) describing the effect of section 125(2); and
(b) a copy of the charge-sheet relating to the alleged offence; and
(c) a statement of the material facts relevant to the charge; and
(d) any information, document or thing on which the prosecution intends to rely in the committal proceeding including—
(i) a copy of any statement relevant to the charge signed by the accused, or a record of interview of the accused, that is in the possession of the informant; and
(ii) a copy, or a transcript, of any audio‑recording or audiovisual recording required to be made under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 ; and
(iii) a copy or statement of any other evidentiary material that is in the possession of the informant relating to a confession or admission made by the accused relevant to the charge; and
(iv) a list of the persons who have made statements that the informant intends to tender at the committal hearing, together with copies of those statements; and
(v) if a person has been examined under section 106 and the informant intends to tender a record of that examination at the committal hearing, a transcript of the recording of the examination; and
S. 110(d)(va) inserted by No. 55/2014 s. 168(a).
(va) if a person has been examined under Part 4 of the Major Crime (Investigative Powers) Act 2004 and the informant intends to tender a record of that examination at the committal hearing, a transcript of the recording of the examination; and
S. 110(d)(vi) amended by No. 68/2009 s. 10(b).
(vi) if the committal proceeding relates (wholly or partly) to a charge for—
(A) a sexual offence; or
(B) an offence which involves an assault on, or injury or a threat of injury to, a person—
a transcript of any audio or audiovisual recording of a kind referred to in section 367, if the informant intends to tender the transcript at the committal hearing; and
(vii) a legible copy of any document which the prosecution intends to produce as evidence; and
(viii) a list of any things the prosecution intends to tender as exhibits; and
(ix) a clear photograph, or a clear copy of such a photograph, of any proposed exhibit that cannot be described in detail in the list; and
(x) a description of any forensic procedure, examination or test that has not yet been completed and on which the prosecution intends to rely as tending to establish the guilt of the accused; and
(e) any other information, document or thing in the possession of the prosecution that is relevant to the alleged offence including—
(i) a list of the persons (including experts) who have made statements relevant to the alleged offence which the prosecution does not intend to tender at the committal hearing; and
(ii) a copy of every statement referred to in subparagraph (i) made by each of those persons or, if the person has not made a statement, a written summary of the substance of any evidence likely to be given by that person or a list of those statements or written summaries; and
(iii) a copy of every document relevant to the alleged offence that the prosecution does not intend to tender as an exhibit or a list of those documents; and
(iv) a list containing descriptions of any things relevant to the alleged offence that the prosecution does not intend to tender as exhibits; and
(v) a clear photograph, or a clear copy of such a photograph, of any thing relevant to the alleged offence that cannot be described in detail in the list; and
(vi) a copy of—
(A) records of any medical examination of the accused; and
(B) reports of any forensic procedure or forensic examination conducted on the accused; and
(C) the results of any tests—
carried out on behalf of the prosecution and relevant to the alleged offence but on which the prosecution does not intend to rely; and
S. 110(e)(vii) inserted by No. 1/2022 s. 11.
(vii) subject to section 32C of the Evidence (Miscellaneous Provisions) Act 1958 , a copy of any information, document or thing that is relevant to the credibility of a witness for the prosecution; and
Example
The witness' criminal history (including pending charges), or the giving of a letter of assistance to the witness, the reduction of criminal charges against the witness, other favourable treatment in a criminal proceeding, or any payment or reward provided, as a result of the witness' cooperation with police.
S. 110(f) amended by No. 37/2014 s. 10(Sch. item 41.5).
(f) if the committal proceeding relates (wholly or partly) to a charge for a sexual offence, a copy of every statement made by the complainant to any police officer that relates to the alleged offence and contains an acknowledgment of its truthfulness; and
(g) a copy of, or a list of, any other information, documents or things required by the rules of court to be included in a hand-up brief.
Note to s. 110 amended by No. 68/2009 s. 51(za).
Note
See section 416 as to the prosecution's general obligation of disclosure.
S. 110A inserted by No. 1/2022 s. 6.