WHAT IS A HAND-UP BRIEF?
At the filing hearing the Court has nominated dates that the brief must be served by. This is known as the 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 and also hand up briefs contain a copy of all statements taken (that the Prosecution are relying on) in relation to your matter. It will provide a list of your prior criminal or traffic offending. It will also contain photographs or list the media (computer data, telephone intercepts, listening device product etc) that is available to be looked at.
A transcribed copy of you record of interview will be included in the hand up brief (even if you did a “no comment” interview)
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.
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.