How do I find out what evidence the police have against me?

• When you are charged you will be given a copy of the ‘Statement of Facts’. This is a summary of the police case against you.
• The statement of facts will describe:
  • the offence you have been charged with;
  • when and where it occurred;
  • what your role was in committing the offence;
  • whether anyone was hurt or injured as a consequence of the offence;
  • whether anyone else was involved in the offence and if they have been charged;
  • if you have made any admissions; and
  • any other evidence such as witness statements.
• If you plead not guilty you will receive a copy of the police brief of evidence. There are special rules that will vary in each state and territory as to when you can ask for a brief of evidence. Usually you would not expect to receive a full brief in less than 6 weeks.
• A brief of evidence includes all the evidence the police are relying on to support the charges. This includes:
  • witness statements;
  • electronic recordings; and
  • breath analysis results.
• It is useful to have a lawyer help you understand what is in the statement of facts and how it can affect you. Our Phone a Lawyer service may be able to put you in touch with a lawyer for a preliminary consultation.