Subpoena to Produce Documents Issued on the ODPP and provision of additional copies of the Police Brief of evidence to accused.

Subpoena to produce in proceedings in which the ODPP is not a party

Address for service
Deputy Solicitor (Legal)
Office of the Director of Public Prosecutions
Level 15/ 175 Liverpool St
Sydney 2000

Notice: Every subpoena should allow 10 clear working days from the date of service.
Conduct money: $80.00 conduct money is required for subpoenas to produce documents if at least 10 working days notice is given from the date of service or $100.00 if less than 10 working days notice is given.
For requests requiring multiple files, extensive searches or comprising voluminous documents further expenses may be payable and will be advised before they are incurred.

We suggest that you contact the Executive Assistant to the Solicitor for Public Prosecutions on 9285 8733 and discuss the matter before issuing a subpoena to produce documents.

The Director of Public Prosecutions will usually claim legal professional privilege over all internal memorandum, reports, file notes and some correspondence contained on the prosecution file.

Subpoena to Produce Documents where the ODPP is a party to proceedings

Subpoena to produce documents where the ODPP is a party should be marked to the attention of the lawyer with carriage of the proceedings.

The Director of Public Prosecutions will usually claim legal professional privilege over all internal memorandum, reports, file notes and some correspondence contained on the prosecution file.

 

Provision of additional copies of the brief of evidence to the accused in criminal proceedings.

The NSW Police are responsible for serving the brief of evidence on accused persons or their legal representatives.

The ODPP will assist legal representatives in ensuring that they have a complete copy of the brief by providing an index to the brief on request. This information will also be provided after committal proceedings in the section 142 Certificate (Notice of the Prosecution Case).

The ODPP will provide one copy of any additional statements made after the service of the brief. Fresh copies of the full police brief, which has previously been served on the accused or the legal representative, will generally not be provided to legal representatives unless the ODPP’s reasonable expenses are met in copying the brief:

Fees:
The fee for copying is $80.00 per lever arch file or part thereof. At least 5 working days’ notice is required for copies of briefs comprising 3 volumes or less. For larger briefs at least 10 working days notice is required. 

b. Electronic Evidence

Where evidence is available to the ODPP electronically including electronic copies of statements, transcripts, photographs and video (excepting vulnerable persons electronically recorded evidence[1] and sensitive evidence[2]); additional copies of the evidence will be provided free of charge in electronic format. 

 

Footnotes

 [1] Section 306S(2) Criminal Procedure Act 1986 provides that evidence in the form of a recording given by a vulnerable person under subsection (1) (a) is not required to be served on a party to any proceeding.

[2] Sensitive evidence is defined in section 281B Criminal Procedure Act 1986.