BRIEF

Question 0

what is the timeline policy regarding compilation of BOE

p1

Answer 0

Briefs should be compiled at earliest opportunity

a) within 2 months of interview (charge sheet & Summ)
b) within 1 month of interview (bail)

Question 1

Who authorises briefs

p1

Answer 1

1) senior srgt or above
2) Station manager
3) police members approved by Div managers.

Question 2

explain the requirements of note taking

p2

Answer 2

1) Copy of contemporaneous notes
a) attached to brief head
b) submitted to supervisor before end of shift

2) notes will remain until authorised
3) Notes must be removed prior to forwarding to prosecutors office for prosecution

Question 3

explain function of brief head (208A)

p2

Answer 3

1) Multi functional form

a) assist members for the correct & timely compilation of briefs
b) initiates record entry into station books
c) provides supervisor to certify contemporaneous notes
d) checklist & certification of brief checking for Supervisor

2) informant must submit 208A to supervisor
a) prior to completion of shift
b) copy of contemporaneous notes with it

Question 4

when is a BOE required

p2

Answer 4

1) all cases except for
a) offences of drunk
b) “ drunk & disorderly

2) where a member either
a) charges person with offence
b) intends to charge “

Question 5

when is a charge record required (L16)

p2

Answer 5

Only on BOE for “traffic offences”

Question 6

explain purpose of “summary of charges”

p3

Answer 6

1) summary of charges only to be attached to BOE & it is not
a) not used by leap
b) required to be faxed anywhere

2) forms an important part of police evidence for a “mention court” hearing

3) contains sufficient information to cover POP
a) prevents ambiguities which may result in matter being adjourned

4) “particulars” for some offence eg traffic (speed) are also noted to determine penalty.

Question 7

detail the content of “witness list”

p3

Answer 7

1) accused name at heading

2) list of witnesses including:
a) occupation
b) brief summary of evidence in order of:
- victim
- witness
- informant
- corroborator

Question 8

detail the content of the exhibit list

p3

Answer 8

1) informant must provide list of any things whether or not prosecution intends to tender them as exhibits.
2) if they can not be adequately described, items must be clearly photographed

3) members must make available from the outset to DPP or prosecutor.
- written statements with the accused
- physical evidence
- audio/visual recorded material

Question 9

detail procedure for obtaining various certificates and extracts for evidence.

p3

Answer 9

1) certificates & extract are used to prove POP

2) For traffic matters
a) use form “application for extracts (209A)”
b) electronically forwarded to Roads Corporation
c) will be received electronically

3) other extracts
a) general report should be compiled
b) forward to section concerned
c) include sufficient details

Question 10

outline requirements that must be met, to have criminal records of accused accepted into evidence

p4

Answer 10

1) criminal record must be attached to all briefs (where applicable)
info obtained through :
a) “Leap Criminal History” facility or
b) requesting prior convictions from “Record Services Branch”

2) C/record is admissible in court when
a) accused is absent from court
b) found guilty by magistrates
c) served on accused 14days prior to hearing charge

3) in order to allege these prior convictions you must be in a position to prove these matters to the court

4) most cases accused will admit to prior convictions. If the prior conviction is a POP make sure:
a) Notice to Admit (283)has been completed
- copy is on the brief

5) if the accused will not admit to prior conviction and is needed to be admitted into evidence you will need to:
a) obtain statement from original informant
b) obtain from court of conviction an extract setting out conviction and sentence for the offence
c) original informant give evidence of first conviction and procedure the court extract

Question 11

what is a criminal record in court procedures

p4

Answer 11

Document that sets out all previous convictions of the accused as alleged by prosectuions

Question 12

detail process for requesting priors for solicitors

p5

Answer 12

1) defence counsel can request priors in relation to any witness the prosecution intends to call

2) you will be required to conduct
a) Leap name inquiry
- if person has priors fax request to RSD
- RSD will only vet witness priors for findings of guilt

Question 13

how do you prove the existence of a search warrant

p6

Answer 13

1) obtain original warrant from Registrar of the Court where it is filed

Question 14

what is to be done with original copies of statements

p6

Answer 14

1) no original statements to be on the brief submitted

2) briefs are to be received at the Prosecutions office at least 7 days prior to the mention date

Question 15

what is the purpose and requirements relating to ex-parte brief of evidence

p6

Answer 15

1) purpose for ex-parte is that if accused fails to appear at court on the day of hearing.
a) magistrate “may” hear and determine the matter in their absence
b) only applies to “summary offences”

2) procedure for serving ex-parte briefs
a) must serve full copy of BOE and Notice Accompanying Full Brief to accused at least 14 days prior to hearing
b) once accused is served
- forward copy of brief with Notice Accompanying Full Brief
- ensure affidavit of service has been complete
- must be filed with relevant court within reasonable time prior to hearing.
c) when these procedures have been complied with and accused fails to appear prosecutor may make application to have matter heard ex-parte

Question 16

what are the requirements of pre-hearing disclosure

p7

Answer 16

this allows parties to provide information in their possession to the opposing party

1) s41 Criminal Procedure Act 2009: outlines what defence are entitled to regarding full brief
a) Notice Accompanying Full Brief
b) copy of charge sheet
c) copy of criminal record of the accused or statement that they have no record
d) any information or thing that pros intends to rely
e) witness list and statements
f) exhibit list
g) clear photographs or copies of documents

Question 17

explain grounds which informant can refuse to supply information requested under pre-hearing disclosure

p8

Answer 17

s45 Criminal Procedures Act: provides grounds which informant may refuse disclosure

a) prejudice the investigation
b) prejudice a fair hearing
c) could enable to ascertain the identity of a confidential source
d) could disclose our methods of investigation
e) could endanger lives and safety of members and member’s family
f) disclosure of previous convictions of any witness is irrelevant to the proceeding.

Question 18

what happens next when your brief has been authorised

Answer 18

• Sgt will mark on the bottom “issue process”

1. print 2 copies of the brief
2. 1 prosecution copy
3. 2 solicitor copy
4. print out 401 & 402 all copies
5. 1 hand into admin they will give court date
6. 2 service docs will be returned once recorded all charges

Question 19

what forms do you provide when you have a none authorised brief

Answer 19

form
47
1237