Before a summary hearing or committal hearing

'Before you attend your summary or committal hearing you should:

• get a copy of the prosecutor?s brief of evidence
• get legal advice
• gather additional facts and evidence
• decide if you will give evidence
• organise your witnesses
• attend your review mention
• prepare for a guilty verdict.
  

Get a copy of the prosecutor's brief of evidence

In addition to the QP9 form, you need to know what the prosecutor will try and prove in court and whether you have a defence.

The police will prepare a brief of evidence that could contain things like:

• witness statements
• video footage
• medical evidence.

You should write to the prosecutor and ask for a copy of the brief of evidence at least 14 days before the next mention date.

Contact your lawyer or Legal Aid Queensland if you have trouble getting a copy.

Get legal advice

Once you have the brief of evidence, seek legal advice to:

• understand the elements of the offence that the police have to prove
• highlight the brief of evidence for parts you agree and disagree with or can show to be wrong.

For information on legal advice contact:

Legal Aid Queensland
Queensland Law Society.

Gather additional facts and evidence

The magistrate makes a decision based on the evidence presented during the hearing.

Evidence can be:

• what is said by yourself or defence witnesses in the witness box
• exhibits including any objects, diagrams, photos, video footage, letters etc.

When preparing your evidence, remember:

• write down your version of events and if you choose to give evidence,
• practice what you want to say to the magistrate

if you go back to the scene of the alleged offence to gather evidence,

• make sure you record the date and time of your visit label any photographs on the back to explain what they relate to and ask your witnesses if they agree with your description of the photos
• make two copies of everything. The original goes to the magistrate and you need to provide a copy to the police prosecutor.

Decide if you will give evidence

You do not have to give evidence, and should seek legal advice to help you carefully consider this option.

If you want to give evidence:

• you will have to go into the witness box or 'take the stand' and give your evidence under oath or affirmation
• the police can cross-examine you.
  

If you decide not to give evidence:

• you or your lawyer can question the police and the police witnesses about the evidence they have provided
• you cannot address the court to provide your version of events.

Organise your witnesses

The purpose of defence witnesses is to confirm your version of events in court.

Witnesses mainly appear in summary hearings and trials, but usually do not appear in committal hearings.

Witnesses can also be recognised experts such as doctors or engineers, who give their opinion if needed.

You will need to arrange for your witnesses to attend court. Witnesses can also provide a sworn statement, but they must be available to go to court to be cross-examined.

If they refuse to come, you can subpoena them, through arranging for the court to send a summons to witness. This document demands a person comes to court to give evidence or produce relevant documents.

This process will cost money and you should seek legal advice.

Attend your review mention

You have to go to a review mention before your summary hearing or committal hearing. This is when you tell the magistrate you are ready to go to a hearing.

At the review mention, the magistrate will ask you:

• if you have finalised whether you will plead guilty or not guilty
• if you have organised witnesses
• what type of evidence you will be providing
• if you have received the brief of evidence.

Prepare for a guilty verdict

Even though you have pleaded 'not guilty', the court may find you guilty. You need to consider what you would say to the court about any sentence they give you.