What is a Brief of Evidence?
A brief of evidence is a collection of documents that the prosecution will rely on in proving the charges against an accused.
The principle behind us getting the brief is that there should not be trial by ambush. You are entitled to know exactly what the Prosecution are alleging and also the evidence that they are basing it on.
As your lawyers, we want to see the brief of evidence as soon as possible so that we can start giving you advice about your options. We generally request the brief on the day that we receive your instructions.
What Does a Brief of Evidence Contain?
A brief of evidence will always include:
- Charge Sheets
- Informant’s Summary of allegations
- Witness Statements
- Accused’s prior Criminal History
Sometimes, there will be attachments like photos and other documents included as evidence. If the police plan to use video or audio evidence, such as an interview record, body-worn camera footage, or CCTV footage, there should be a list of these exhibits in the brief so that they are available for review.
If the prosecution intends to apply for orders against you, like compensation or forfeiture orders, these details should also be disclosed in the brief to prevent last-minute surprises.
It’s important to note that not all of the material obtained by police during an investigation will always be included in the brief. Sometimes, defence may need to seek disclosure of evidence which is not disclosed in the brief. Experienced criminal lawyers are adept at identifying and obtaining material that could help your case.
How Do I Get the Brief of Evidence?
The police have a duty to provide the brief of evidence to you or your lawyer within strict timeframes as set out in the Criminal Procedure Act. The stage at which this occurs is dependent on whether your matter is a summary matter (less serious) matter or an indictable (serious) matter.
If your matter is a summary matter, you will be given a copy of the preliminary brief either at the time when you are charged or within 21 days of the charges being filed. A preliminary brief contains the bare minimum. It will often be missing witness statements or other evidence that police might get later on. You can ask for a full brief, which contains all of that information, at a later stage in the court proceedings.
If your matter is an indictable matter, the court will set out a timeline for filing and service of the Hand Up Brief at the first hearing, being the filing hearing. It’s important to have a lawyer representing you at the filing hearing to ensure that the Hand Up Brief is prepared and served efficiently.
It’s important to have a lawyer look at your brief as soon as possible so that we can give you advice about your options. Understanding the police’s allegations and the evidence is essential for formulating a strategy for your case.
