Hi guys,
Someone I know has a minor summary offence and just received their full brief and the brief is incomplete as it does not include a statement of prior convictions.
The Vic Criminal Procedure Act 2009 details the contents of the full brief and says in section 41 (1) (c)
So, this information MUST be provided according to the Criminal Procedure Act 2009. But I don't know what happens in court when this is explained to the magistrate.
Question: If the brief is incomplete in this way, can the accused ask the magistrates court to throw out the brief and have the case dismissed for lack of evidence?
Someone I know has a minor summary offence and just received their full brief and the brief is incomplete as it does not include a statement of prior convictions.
The Vic Criminal Procedure Act 2009 details the contents of the full brief and says in section 41 (1) (c)
a copy of the criminal record of the accused or a statement that the accused has no previous convictions or infringement convictions; and
So, this information MUST be provided according to the Criminal Procedure Act 2009. But I don't know what happens in court when this is explained to the magistrate.
Question: If the brief is incomplete in this way, can the accused ask the magistrates court to throw out the brief and have the case dismissed for lack of evidence?