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Service of the Hand-up Brief

WHAT IS A HAND-UP BRIEF?

At the filing hearing, the Court nominates a date that the brief must be served by. This is known as the hand-up brief service date. The Informant will deliver it by hand to your lawyer’s office.

The hand-up brief will contain:

  • a number of procedural documents
  • a copy of all statements taken that the prosecution are relying on in relation to your matter
  • photos, CCTV, telephone intercepts, telephone records, etc. if this evidence is being relied on by the prosecution
  • a list of your prior criminal or traffic offending
  • references to any other evidence relied on

A transcribed copy of you record of interview will be included in the hand up brief (even if you made a “no comment” interview).

A brief should be provided in a timely manner so there is no trial by ambush. You are entitled to know exactly what the prosecution are alleging and also the evidence that they are basing it on.

The hand-up brief will include a list of documents that the Informant is not relying on. These are often the very documents that we want to get out hands on.

It is very important to have a lawyer in place when the hand-up brief arrives as that is when the real work on a case generally commences.