QLD No Brief of Evidence

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Monket

Member
28 April 2021
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My 14 year old son has been charged with 4 counts of indecent dealing with a child under 16. He has pleaded not guilty. When the CPU came to discuss the allegations with the complainant (our 13 year old daughter) they ended up seizing my sons phone, ipad and PC. We tried to get them back after 30 days and because they hadn’t looked at them, they arrested and charged him to enable them to keep the devices. He appeared in Children’s court and the police were given 5 weeks to provide a brief of evidence and a new court date set for 8 weeks time. The brief was not provided and so another court date has been set for 2 weeks time, the annoyed magistrate stating that if it was not provided by then she would likely dismiss the charges. We believe that they have been unable to find any evidence and we are incredibly angry that our sons (and daughters) case has even gone this far. If the charges are dismissed, are they likely to reappear further down the track? Our daughter is aware that the behaviour witnessed (our son briefly adjusting his junk while fully clothed) is not sexual nor intentional and is unlikely to make us all go through this again. Child safety investigated and have closed their case, twice. Any assistance would be greatly appreciated.
 

Atticus

Well-Known Member
6 February 2019
2,011
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If the charges are dismissed, are they likely to reappear further down the track?
My thoughts ... Not without a new allegation or some evidence turning up that would make a new charge stick.
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
589
In Nsw, they usually only have to serve all evidence 14 days before trial.

I had complained about police not serving the brief on date instructed by magistrate but was told they have until 14 days before hearing to serve all documents.
 

Monket

Member
28 April 2021
3
0
1
In Nsw, they usually only have to serve all evidence 14 days before trial.

I had complained about police not serving the brief on date instructed by magistrate but was told they have until 14 days before hearing to serve all documents.
In this case, there is no hearing until a brief is provided. The case, if it proceeds, will need to be referred to a higher court to be heard. The brief will determine where the case is heard.
 

Jaywoo220

Well-Known Member
11 November 2019
397
5
589
Well, from you persepective, just hope they do not serve the brief, then the case cannot proceed or will be dismissed.