Statements, facts sheets, briefs of evidence Flashcards
What is the purpose of a facts sheet?
The purpose of a facts sheet is to tell ‘the whole story’:
- what the accused did (establishing the elements of the offence)
- what damage or injury the victim suffered as a result
- what police did in response
- extra details the court may need to sentence - e.g. compensation sought or not
What is the purpose of a police statement?
The purpose of a police statement is to provide a chronological account of the police investigation from beginning to end.
This includes:
- explaining how all the evidence was gathered
- showing that all the evidence was gathered appropriately and legally, so that the evidence is admissable (e.g. IPE, BWV caution, warnings, search justifications, etc.)
What is the purpose of a brief of evidence?
The purpose of the brief of evidence is to provide the defence with all the evidence intended to be presented to the Court (inculpatory and exculpatory)
A brief of evidence should:
1. establish all the elements of the offence
2. negate possible defences
3. establish the defendant as the offender
What information must be included in a police statement?
Like any statement, police statements must comply with the requirements for written statements in the Criminal Procedure Act 1986 s283B, and so must include:
- the endorsement
- the age of the maker of the statement
Police statements should also include other information:
- any other investigative records used to refresh the maker’s memory prior to making the statement (e.g. notebook, cops events, BWV)
- an outline of the duties you were performing at the beginning of the investigation (inc. if uniformed / equipped or not)
- how you came to respond to the job - e.g. directed by radio
6+ chronological account of the investigation including introducing all exhibits into evidence.
As with ordinary statements, police statements must also comply with Criminal Procedure Regulation 2017 c9K, and so must include:
- a maker signature (or signature of a maker’s rep, if they are unable to sign)
- a signature of a witness to the maker’s signing
State the endorsement.
Where in legislation can it be found?
The requirement for statements to include an endorsement is found in Criminal Procedure Act 1986 s283B.
The text of the endorsement is found in Criminal Procedure Regulation (2017) c9I (1):
- “This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness.
- The statement is true to the best of my knowledge and belief and
- I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.”
What information are all statements (police or not) required to include, and where is this requirement found in legislation?
Statements must comply with the requirements for written statements in the Criminal Procedure Act 1986 s283B, and so must include:
- the endorsement
- the age of the maker of the statement
Statements must also comply with Criminal Procedure Regulation 2017 c9K, and so must include:
- a maker signature (or signature of a maker’s rep, if they are unable to sign)
- a signature of a witness to the maker’s signing
In some special cases a simplified version of the endorsement can be used in statements.
- where in legislation is this permitted?
- what must the simplified endorsement include?
- in what situations is this allowed?
Criminal Procedure Regulation 2017 c9I (2) permits a simplified version of the endorsement to be used where the person making the statement is:
1. under 18, or
2. over 18 but apparently of appreciably below normal intelligence
Simplified endorsement must include words to the effect of:
- this statemement is true
- this statement contains no lies
What information must not be included in briefs of evidence, and where is this requirement found?
Local Court Rules 2009 r3.12 states that briefs of evidence served on the accused must not disclose addresses, dates or birth or telephone numbers of any living person including the statement’s maker.
Exceptions:
1. if the information is materially relevant to the evidence
2. with a Magistrate’s permission (in a written order)
When are police allowed to read out their statement in Court?
Evidence Act 1995 s33 allows a police officer to read their statement aloud in court provided:
M - Made at the time of or soon after the event
S - Signed when it was made
G - Given to the accused or their legal rep a reasonable time prior to the hearing
