STATEMENTS AND BRIEFS Flashcards
relevant legislation to statements
Criminal Procedures Act s283B - Statements must contain……
- endorsement
- age
- signature by the maker and signature by a person witnessing the maker of the statement sign
- written statement may be in form of QnA
- must be in language the person who made statement understands
- if in language other then english, a document purporting to contain english translation
Criminal Procedures Act s9K(1)(2) written statement must be signed by……
maker or another person on maker’s behalf
(1) A written statement must be signed by the person who made the statement.
What is the wording of the official caution (Evidence Act s139)
I am going to ask you some questions in relation to… You do not have to say or do anything. Do you understand that? I will record what you say or do. We can use this recording in court. Do you understand that?
What is the Endorsement
- This statement made by me accurately sets out the evidence that I would be prepared if necessary to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I will be liable to prosecution if I willfully stated in it anything I know to be false or do not believe to be true.
- I am “ “ years of age
For a police statement to be read out in court the statement must be…. (MSG)
Made at the time or soon after the event
Signed when it was made by make and a witness (you and another cop)
Given to the accused or their legal rep a reasonable time prior to hearing
What is a statement? What is the purpose?
- it is a written account of events in chronological order of how everything has happened the way the maker saw it.
- it is written evidence and is used to support a case
- can include quoting the exact speech someone has said
- most used method to obtain, record and present information from police, witnesses, victims and offenders
- an essential ingredient in a brief of evidence
A statement should include what?
- A detailed event in chronological order as the person observed it
- actual words spoken by any person
- description of relevant people or property
- proof the witness is able to provide
- a statement should tick off as many elements of an offence as possible
- a signature from the person making the statement and witness signature
- endorsement and age
what is a brief of evidence
- collection of documents that is made by police which forms the case for the police to prove a persons guilt and is given to the court and the accused
- a method of presenting evidence in court.
- its purpose is to establish elements of an offence/s and negate any possible defences by the accused
- identify who the defedant is and as the person who committed offence
Brief of evidence contents
- covering sheet
- index of documents
- Indictable or summary offence sheet
- Charge Sheet(s)
- Facts sheet
- Witness List
- exhibits list
- exhibits
- unavailable dates of all witnesses
- Police statement
- victim and witness statements
- record of interview (notebook and/or ERISP)
- ERISP transcript
What is a Fact sheet and its purpose
- It is a chronological narrative of an event in third person
- Their purpose is to show the court the allegation on the accused and establish a case
- Does not include criminal history
- primary purpose is give court the info it needs to assist in determining in a sentence
- It is a document presented to court when an accused person goes to court for an offence.
When is a fact sheet made?
When criminal proceedings are instigated against a person via FCAN/FSCAN, Arrest and CAN (Bail or No bail CAN)
Components of a Fact sheet
a fact sheet should include
- antecedents
- the fact sheet should disclose all elements of offence/s relevant to the matter
- can include admissions and reasonable cause to suspect, investigation process
- includes co-offenders/victims/injuries/property and drug value, compensation, expert evidence
- DOES NOT HAVE CRIMINAL HISTORY
