Text as at 1 July 2026

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116 Informant may serve and file plea brief

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Explained inBill clause 116

(1)At any time before service of a hand-up brief, the informant may serve on the accused a plea brief that complies with section 117 if consent is given under subsection (2).

(2)A plea brief may only be served if the accused, or a legal practitioner representing the accused, gives written consent to the service of a plea brief to—

(a)the informant; and

(b)if the DPP is conducting the committal proceeding, the DPP.

(3)A plea brief must be served on the accused in accordance with section 394 (ordinary service).

S. 116(3) amended by No. 68/2009 s. 51(zc).

(4)Within 7 days after service of the plea brief on the accused, the informant must—

(a)file a copy of a plea brief with the registrar; and

(b)if the DPP is conducting the committal proceeding, forward another copy to the DPP.

Section 142 provides for determination of a committal proceeding where a plea brief is used.