I’ve been served a preliminary brief, what does this mean?
What is a preliminary brief?
- A preliminary brief is essentially a group of documents that are compiled by Victoria Police, these documents are then served to the accused who has been charged with a criminal offence.
What does a preliminary brief contain?
- Section 37 of the Criminal Procedure Act 2009 explains in detail which specific documents must be included in the preliminary brief.
Some examples of what you will find are:
- A charge sheet in relation to the offence, this will explain which law you have allegedly violated and will display a continuation of charges if there is more than one.
- A copy of your criminal record that is available at the time that the preliminary brief has been made. If you have no prior convictions, the preliminary brief must also include a statement that you do not have any prior criminal convictions or infringement convictions.
- Statements by the informant (the police officer who issued the charge sheet), describing the material facts of your case to which the alleged offence has been based. It may also include statements by any key witnesses who may have seen the alleged offence take place or find themselves involved.
- Evidence that will be displayed as exhibits, these are usually objects that pertain to the alleged offence at hand. Such as a syringe in a drug offence, or a pair of brass knuckles in an assault offence. An exhibit may also be a photo of an injury sustained by the alleged victim.
This evidence will be used against you in criminal proceedings, and only an experienced criminal lawyer can examine the evidence and help you reach the verdict you desire. It is crucial to have legal representation that understands the complexities of criminal law and can navigate the legal process effectively. In addition, understanding spent convictions can play a significant role in determining the outcome of your case. Therefore, it is essential to seek out a criminal lawyer who has a strong understanding of this area of the law and can use it to your advantage in court.
These examples are only a small list of the content that must be included in a preliminary brief. This is why it is imperative that you seek legal advice with an experienced criminal lawyer who will explain these factors in greater detail.
