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:

Address for service: Deputy Solicitor (Legal)
                                    Office of the Director of Public Prosecutions
                                    Level 18/ 175 Liverpool St
                                    Sydney 2000

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

Conduct money: Conduct money of $80 is required for subpoenas to produce documents if at least 10 working days' notice is given from the date of service, or $100 if less than 10 working days' notice is given.

Extra charges may apply to requests requiring multiple files, extensive searches or comprising voluminous documents. These 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.

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.

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.

Extra copies of the police brief

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).

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

Fees and notice    

The fee for copying is $80 per lever arch file or part thereof. At least five working days' notice is required for copies of briefs of three volumes or less and at least 10 working days' for larger briefs.

Electronic evidence

Where evidence is available to the ODPP electronically – including electronic copies of statements, transcripts, photographs and video – additional copies of the evidence will be provided free of charge in electronic format.

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 provided.