Subpoenas to produce / extra copies of police briefs

Information for legal practitioners

Subpoenas to produce documents 

The following applies to subpoenas to produce documents issued on the ODPP when it is not a party to proceedings:

Service via email will be accepted by prior arrangement with the Executive Assistant to the Solicitor for Public Prosecutions who can be contacted on 9285 8733.

Notice: Every subpoena should allow at least 10 clear working days from the date of service.

Conduct money: Conduct money is required for subpoenas to produce documents. If at least 10 working days' notice is given from the date of service conduct money is charged at an initial rate of $80, with an additional $80 per volume of material (after the first volume) thereafter. If less than 10 working days' notice is given, the initial rate is $100 with an additional $80 per volume thereafter.

Please note that, extra charges may apply to requests requiring multiple files, extensive searches or comprising voluminous documents. Our Office will discuss these charges with the issuing party prior to proceeding with production. 

Our Office will advise the issuing party of the costs associated with production and will issue an invoice for payment by Electronic Funds Transfer. Should the issuing party not have access to electronic transfer or access to a banking facility, please contact the Executive Assistant to the Solicitor for Public Prosecutions on 9285 8733 to make alternative payment arrangements. Please note that our Office cannot accept cash or Money Orders from Australia Post

If you have any queries, 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.

When the ODPP is a party to proceedings, subpoenas to produce documents should be marked to the attention of the lawyer with carriage of the proceedings.

Legal Professional Privilege

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.

Copies of brief items

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

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

Electronic Briefs

Evidence is usually available to the ODPP electronically – including electronic copies of statements, transcripts, photographs and video. Copies of the evidence will ordinarily be provided in electronic format.

Secure Timeboxed View (STV)

Electronically recorded evidence of vulnerable persons (see sections 306S(2) and 1(a) of Criminal Procedure Act 1986) and sensitive evidence (section 306S(2)) will not be physically provided. This material may be viewed electronically through a portal STV, upon completion of a Sensitive Evidence Undertaking.