41Contents of full brief

41 Contents of full brief

(1) Unless earlier disclosed to the accused, whether in a preliminary brief, at a summary case conference or otherwise, a full brief must contain—

(a) a notice in the form prescribed by the rules of court—

(i) explaining this section and section 83; and

(ii) explaining the importance of the accused obtaining legal representation; and

(iii) advising that the accused has the right, if eligible, to legal aid under the Legal Aid Act 1978; and

(iv) providing details of how to contact Victoria Legal Aid; and

(b) a copy of the charge-sheet relating to the alleged offence; and

S. 41(1)(ba) inserted by No. 32/2024 s. 815.

(ba) if applicable, a copy of the record of reasons; and

S. 41(1)(c) amended by No. 81/2011 s. 5.

(c) a copy of the criminal record of the accused or a statement that the accused has no previous convictions or infringement convictions; and

(d) any information, document or thing on which the prosecution intends to rely at the hearing of the charge including—

(i) a copy of any statement relevant to the charge signed by the accused, or a record of interview of the accused, that is in the possession of the informant; and

(ii) a copy, or a transcript, of any audio‑recording or audiovisual recording required to be made under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958; and

S. 41(1)(d)(iii) amended by No. 68/2009 s. 49(a).

(iii) a copy or statement of any other evidentiary material that is in the possession of the informant relating to a confession or admission made by the accused relevant to the charge; and

(iv) a list of the persons the prosecution intends to call as witnesses at the hearing, together with a copy of each of the statements made by those persons; and

See section 47 for requirements for statements.

(v) a legible copy of any document which the prosecution intends to produce as evidence; and

(vi) a list of any things the prosecution intends to tender as exhibits; and

(vii) a clear photograph, or a clear copy of such a photograph, of any proposed exhibit that cannot be described in detail in the list; and

(viii) a description of any forensic procedure, examination or test that has not yet been completed and on which the prosecution intends to rely as tending to establish the guilt of the accused; and

(ix) any evidentiary certificate issued under any Act that is likely to be relevant to the alleged offence; and