Commonly referred to as 'Issue Process', serving a brief is required once the brief has been authorised. There will only be two situations that apply: Bail or Summons. Refer to Briefs VPMP (7.1-7.2). # General Requirements. Once your brief is authorised, the informant must ensure that: - A **full copy of the brief** (Brief Head to Backing Sheet) is forwarded to the relevant Prosecutions Unit. - An authorised accused copy is served on the accused OR their legal representative for: - _Notice to Appear_ matters - Within **21 days** of filing the charge at court. - _Summons_ matters - When **serving** the summons on the accused. - _Charge and Bail_ matters - Within **21 days** of filing the charge at court. >[!NOTE] Charge Filing Date >The date you sign the charge and the date you file the charge are different. On each charge, there is a filing method and filing date. This can be left blank and the registrar can fill this out when it is received. # Non Appearance of Accused (Summary) To ensure the matter can be heard without the accused present, the informant must: - Serve an **accused** copy of the Preliminary Brief on the accused **at least 14 days before** the date of the hearing (s.84 Criminal Procedures Act). - File a copy of the brief at the **Court** with proof of service documents (e.g. email it to the relevant court or upload it via **eDocs**). # Step-By-Step Issue Process # Step 1: Obtain Court Date Access the Electronic Mention Diary and set a Court Date for the accused. Make a note of this Court Date for later. >[!NOTE] Accused Has Outstanding Court Dates >It is always worth visiting [EFAS]([EFAS (magistratesvic.com.au)](https://dailylists.magistratesvic.com.au/EFAS/CaseSearch)) and entering your accused's name into the 'Defendant' section. If they have an outstanding court date, you can use that for your new charges. # Step 2: Charges >[!INFO] Issuing Charges - Section 14 Criminal Procedures Act 2009 >You can issue your own charges under the [CRIMINAL PROCEDURE ACT 2009 - SECT 14 Police or public official may issue summons (austlii.edu.au)](https://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s14.html). If you do not feel comfortable doing this, you can attend a local court to have them issued for you. It does not change the process. 1. Retain your **CDEB** Copy in your Original Brief. 1. Add the court date into the relevant fields. 2. Sign the 'Informant Signature' and date the relevant field next to it. 2. Prior to printing from the brief pack, ensure you: 1. Add the court date into the brief pack (Court tab). 2. Add the charge issued date (if relevant) (Select Form tab). 3. Print the **Execution** Copy, **Original** Copy and **Accused** Copy. 1. Sign the 'Informant Signature' and date the relevant field next to it for each front page of the charges. 2. Each 'Continuation of Charges' will just require an Informant Signature only. 4. Update the *paper* copy of your Brief Head with the court date, court location and charge date (being the date you issued the charges). # Step 3: Copying the Brief Following the VPM's, you will require 2 different 'layouts' of your brief of evidence: 1. The **Original** copy 2. The **Disclosure** copy For the layout of the **Original** copy please see [[43.02 Preliminary & Full Briefs]]. For the layout of the **Disclosure** copy (and in this order): 1. Notice Accompanying Preliminary Brief (Accused Copy) 2. VP1372 - Statement Made By Informant 3. Charges (Accused Copy) 4. Statements (ensure DOB/Phone/Address is **redacted**) 5. Exhibits 6. Criminal Priors *or* a statement outlining that the accused has no criminal priors 7. Brief Backing Sheet # Step 4: Serving The Brief and Charges Each station has a different policy. Below is the **Werribee** Uniform policy: 1. Take your **Disclosure** Copy and put a 'Disclosure Cover Sheet' (found in the muster) on the front. 2. Have the **Disclosure** Copy reviewed by a Sergeant and signed off. # Step 4A: Summons Briefs >[!IMPORTANT] Details of Person Served >You *should* have obtained their information personally on the date of their arrest and this is the best thing to put down in that box on your 'Affidavit / Declaration of Service'. 1. For indictable offences and according to [Section 391 of the Criminal Procedures Act 2009]([CRIMINAL PROCEDURE ACT 2009 - SECT 391 Personal service (austlii.edu.au)](https://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s391.html)), you must serve a summons in answer to a charge in person. 2. For summary offences and according to [Section 394 of the Criminal Procedures Act 2009]([CRIMINAL PROCEDURE ACT 2009 - SECT 394 Ordinary service (austlii.edu.au)](https://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s394.html)), you can serve a summons in answer to a charge via post or email. 3. Ensure you have attached the accused's copy of the 'Notice Accompanying the Preliminary Brief' to the **Disclosure** Copy. 4. Complete the 'Affidavit / Declaration of Service' on the **Execution** Copy of the charges upon serving the brief. # Step 4B: Bail Briefs >[!NOTE] Serving Bail Briefs >For both indictable or summary offences, you have already served a charge and given the accused their court date. Your obligations regarding personal/ordinary service are different. >[!IMPORTANT] 21 Days or Full Briefs >If you bail a person, don't relax too soon. You have 21 days to get the brief served on them, otherwise they can ask for a Full Brief and under the act, you're obligated to provide it. If you get it in before this, they have to go to Summary Case Conference or Contest Mention first. 1. Serve a copy of the brief in person, via post or via email to the accused. 2. Complete the 'Affidavit / Declaration of Service' on the **Court** Copy of the 'Notice Accompanying the Preliminary Brief'. This is then evidence of your service of the brief. ## Notice Accompanying Preliminary Brief vs. Affidavit of Service As mentioned above, you should only fill out one or the other if required. Either: - **"Affidavit/Declaration of Service of Charge - Sheet and Summons"** (that is within VP402 Charge Sheet and Summons form from Brief Pack) in matters where the brief is served with the summons; or - And in this case, you would attach the 'Accused Copy' of the 'Notice Accompanying Preliminary Brief' to the **Disclosure** Copy, which would then be included as being served on the 'additional documents' of the **Execution** copy of the charges. - **Notice Accompanying Preliminary Brief** (Form 1370 or 1371) in matters where the brief is served separately from the charges (or summons), e.g. Bail Briefs. # Step 6: CBSS Scan the Accused's Copy of the Brief and upload it to CBSS, or leave this to Admin to do (as we do at Werribee.)