NSW Police record subpoena

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Philly2020

Well-Known Member
27 April 2018
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Just wondering if someone can tell me what kind of information is given when police records are subpoenaed. Thanks
 

Tim W

Lawyer
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28 April 2014
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Whose record?
For what purpose?
 

Jake Matherson

Well-Known Member
15 June 2018
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Example subpoena request made in Family Court for criminal history of both parents.

What was requested by subpoena of QLD Police:
· Any audio tapes and/ or video tapes
· Police referrals to hospitals, psychologists etc…..
· Criminal histories, QP9 – Court Briefs
· Diary Notes, police notes and signed copies of official police notebooks
· All signed statements
· Drawings
· Photos
· Bench charge sheets
· DV applications, protection orders
· And any other documents held in relation to the following people (mum, dad, child)


What was returned on request:
· Court outcomes from past offences
· Detailed police reports from incidents after they have been called out to a residence
· Scans of officers notebooks from their field notes
· Traffic history of both parties
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Looks like they have treated it much the same as an FOI Request.
In such cases, much policing material is exempt.

As a general proposition, you would need to ask for specific documents.
What did you want, that you did not get
And why didn't you ask for it specifically?
A subpoena is not an excuse to go fishing.
 

kevin586

Well-Known Member
14 January 2019
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Looks like they have treated it much the same as an FOI Request.
In such cases, much policing material is exempt.

As a general proposition, you would need to ask for specific documents.
What did you want, that you did not get
And why didn't you ask for it specifically?
A subpoena is not an excuse to go fishing.

at the next court appearance tell the court you require an adjournment of 6 weeks (you might get 4) because you have not been given a full brief of evidence of the case against you and you require time to study, consider, decide on a course of action and respond in that time.

in the meantime, they cannot use against you in court what they have not provided to you after you requested them. When they start doing this in court, you must object and say that you subponed this list of document consisting of A to ?? items. The mag will then make either order the police to provide you with it or they will rule they don't have to give them to you in which case they may be able to submit those unsupplied documents to the court. You must explain the situation and ask the mag for an order the police supply the unsupplied documents.
Dunno which state your in but in the first instance you should have required disclosure of Notice to Produce to demand these documents.
Suponas are used to get documents the other side refuses to hand over and they can bill you for the time complying with them so use disclosure or Notice to Produce first.