Briefs of Evidence (Vic)

A brief of evidence is a written summary of the prosecution case against a person who has been charged with a criminal offence. An accused person may want to see the brief of evidence before they decide whether to plead guilty to the charge or contest it. This page deals with briefs of evidence in Victoria.

What is in a brief of evidence?

A brief of evidence must contain the details of all the charges against the accused and the police summary of the allegations. It must also contain a notice explaining the importance of obtaining legal representation and the availability of Legal Aid (if the accused is eligible) and a copy of the accused’s criminal history, if they have one.

A brief of evidence must also include all the evidence that the prosecution intends to rely on if the matter goes to trial. This may include statements of alleged victims and other eyewitnesses, police statements, expert evidence, forensic evidence such as DNA and fingerprints, CCTV footage and records of interviews the accused took part in with the police.

Timeline for preparation of the brief

Under section 35 of the Criminal Procedure Act 2009, the prosecution must serve a brief of evidence on the accused within 21 days of the filing of the charge, or within 14 days of the accused making a written request for it.

The prosecution may serve additional material on the defence after the preliminary brief of evidence has been served. This may be because more evidence becomes available or because further charges are laid.

Do I need to see the brief of evidence?

There are a number of reasons why being familiar with the brief of evidence could be essential to an accused person.

Assess the strength of the case

If an accused person is considering pleading not guilty, it is essential that they review the brief of evidence carefully with their lawyer. This is so that the defence can assess the strength of the prosecution case and whether there are any legal defences available to the accused.

If a person is planning to contest charges, but the brief of evidence shows that the case against them is strong and their defence is unlikely to succeed, they may then decide to plead guilty. The court will then extend them a sentencing discount for saving the court the time and resources of running a contested trial.

If a brief of evidence discloses weaknesses in the prosecution case, this can sometimes be used to negotiate the withdrawal of charges or the amendment of the police statement of facts. If parties can agree on the charges that should be proceeded with and how the offending should be summarised, this may lead to a resolution of the matter as a plea.

Identify evidential issues

It is also important to review the brief in order to identify any issues with the admissibility of the evidence. If there is evidence that may be inadmissible, or that the court may decide to exclude from the proceeding, this will need to be drawn to the court’s attention.  The court may decide to hold a voir dire to determine the admissibility of evidence if it considers there is a legitimate issue with admissibility.

Evidence may be inadmissible for a range of reasons. It may not be relevant to the proceeding or its admission may be contrary to the rules set out in the Evidence Act 2008. For example, if an accused person made admissions to the police without having been adequately cautioned, or while they were under the influence or drug or alcohol, these admissions may not be admissible.  

In many cases, determining whether evidence is admissible or not is straightforward. In other cases, the court may need to hear other evidence before determining whether the evidence in dispute is admissible or not.  

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.