Once the defendant has indicated they would like to proceed to summary trial, police prosecutions must provide the ‘full brief of evidence’ within 35 days of the matter being listed for hearing, and at least 14 days prior to the summary hearing.
When a defendant has indicated they intend to plead not guilty, there is an obligation placed on both defence and prosecution to conduct case conferencing for the purpose of discussing any issues that might resolve in a manner satisfactory to both parties.
Police prosecutions are obliged to provide full and early disclosure of all evidence they intend to rely upon – provided it is lawful to disclose such things.
It is anticipated conferencing will occur based on the allegations contained within the police outline of offence (QP9). Defence may request further disclosure by way of statements or other evidence such as body worn camera footage. If a request is made by defence, prosecutions must deliver that material within 14 days, if reasonably practicable.
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