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Clause 37

sets out the contents of a preliminary brief. The preliminary brief will replace the outline of evidence in section 37A of the Magistrates' Court Act 1989. Accordingly, if the court proceeds to hear and determine a charge in the absence of the accused, material in the preliminary brief, in accordance with clause 84, may be used as evidence in the hearing. The preliminary brief includes basic material such as the charge-sheet in respect of the alleged offence, a copy of any criminal record of the accused and the informant's statement. The preliminary brief is also mandatory in all cases in which a notice to appear was originally served. As a result, it is also intended to provide preliminary disclosure of the case against the accused. The informant's statement must be complete and accurate and include, amongst other things—
a statement of the alleged facts on which the charge is based and evidence available to the prosecution in support of the alleged facts; and
a list of witnesses and exhibits that the prosecution may rely on at the hearing of the charge.
The informant may also include other material in the preliminary brief, such as key witness statements, which will assist the accused in understanding the case against them.