105DContent of committal brief

105D Content of committal brief (1) A committal brief must contain all of the following: (a) a copy of the information for the charge to which the preliminary examination relates; (b) a notice stating a preliminary examination is to be conducted and where and when it will take place;

Local Court (Criminal Procedure) Act 1928 43 (c) a notice, in the form prescribed by the Rules under section 48 of the Local Court Act 2015, explaining: (i) the purpose and nature of a preliminary examination; and (ii) that the prosecution's evidence will include the written or recorded statements of the listed witnesses and any listed exhibits; and (iii) the defendant's rights and obligations under sections 105G to 105L; (d) a list of: (i) the persons whose statements the prosecutor proposes to tender as evidence at the preliminary examination (the listed witnesses); and (ii) any other documents or things the prosecutor proposes to tender as evidence at the preliminary examination (the listed exhibits); (e) for each listed witness – the documents required by section 105F(1) to (3) (as appropriate); (f) for each listed exhibit – the information required by section 105F(4). (2) Despite subsection (1), if it is not reasonably practicable for a document mentioned in subsection (1)(e) or (f) to be included in the committal brief when it is served: (a) the document need not be included in the committal brief when it is served; but (b) the prosecutor must serve the document on the defendant as soon as it becomes practicable to do so. (3) A document required by subsection (2) to be served on the (a) must be served as provided in section 105C(3) for service of the committal brief; and (b) when served, forms part of the committal brief.

Local Court (Criminal Procedure) Act 1928 44