When do I find out what evidence the prosecution has against me?

• When you are charged you should be given a copy of the statement of facts that will briefly outline the circumstances of the offences alleged against you.
• This is essentially a summary of the case against you at the time that they charged you. In some cases additional evidence will have been gathered since then.
• In most states and territories once you have entered a plea of not guilty then you are entitled to receive a copy of the ‘brief of evidence’.
  • There are special rules that are different in each state and territory about when you can ask for a brief and when you will receive it.
  • Generally a complete brief of evidence would not be served on you in less than 6 weeks.
• The brief must include all the evidence the prosecution is relying on to support the charges against you. This may include evidence such as:
  • witness statements;
  • financial records;
  • business records; or
  • electronic recordings.
• In some states and territories you will receive a copy of your video record of interview with the statement of facts.