L9 - Brief of Evidence

Question 1

What Victorian legislation contains a relevant provision for two types of summary jurisdiction briefs?

Answer 1

Sections 37 and 41 of the criminal procedure act of 2009

Question 2

What is the DPP policy in relation to proceeding with Prosecution?

Answer 2

Prosecution may proceed if:
- There is a reasonable prospect of prosecution.
- A prosecution is in the public interest.

Question 3

What is the order of a brief of evidence?

Answer 3

• brief head
• charge record (traffic) or identifiers report
• prelim brief
• SOAF
• statement by accused
• witness list
• exhibit list
• charge sheet
• witness statements
• exhibits
• interview
• priors
• any orders indicated in the prelim brief

Question 4

What is a brief of evidence?

Answer 4

Where a summary or indictable offence is to be heard summarily by the Magistrates’ Court or Childrens’ Court.

Question 5

What is a Hand-up brief?

Answer 5

For indictable offences to be presented at a committal hearing or trial.

Question 6

What is a coronial brief?

Answer 6

For an investigation or inquest to be conducted by a coroner on the collated evidence.

Question 7

Who can authorise a criminal brief?

Answer 7

• Senior sergeant or above
• Work unit manager
• specific police members involved, in writing, by local area commanders.

Question 8

In determining whether there is a reasonable prospect of a conviction regard must be had to?

Answer 8

All admissible evidence
reliability and credibility of the evidence
possibility of evidence being excluded
any possible defence
whether the prosecution witnesses are available, competent and compellable
any conflict between eye- witnesses
whether there is any reason to suspect that evidence may have been concoted
how the witnesses are likely to present in court
any possibly contamination of evidence
any other matter relevant whether a jury or magistrate would find the person guilty

Question 9

If there is a reasonable prospect of a conviction, consideration must be given to whether the prosecution is in the public interest. The prosecution must proceed unless there are public interest factors tending against prosecution which outweigh those tending in favour. What do these interest factors include?

Answer 9

Offender related factors:
Offender’s culpability
Offender’s antecedents and background
age, physical health, mental health or disability of the offender
whether the offender is wiling to co-operate in the investigation or prosecution of others or the extent to which the offender has done so.

Victim related factors:
attitude of the victim to a prosecution
entitlement of the victim to compensation
age, physical health, mental health or disability of the victim

other factors:
likely sentence
community protection
prevalence of the offence and the need for specific and general deterrence
need to maintain public confidence in constitutional intuitions such as the court and parliament
whether the consequences of a conviction would be unduly harsh or oppressive
nay circumstances that would prevent a fair trial
the obsolescence or obscurity o the law
whether prosecution would be perceived as counter productive i.e bringing the law into disrepute
availability and efficacy of any alternatives to prosecution
the likely length of a trial
whether a sentence has already been imposed on the offender which adequately reflects the criminality
any mitigating or aggravating circumstances.
Chil

Question 10

At this stage of the prosecutor course, can we withdraw charges?

Answer 10

No we don’t have authorisation to withdraw any charges. If substantive needs to be withdrawn, CONSULT WITH SUPERVISOR.