Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2009-06-27

38. Requirements for informant's statement in preliminary brief

38. Requirements for informant's statement in preliminary brief

A statement by the informant in a preliminary brief must be-

(a) in the form of an affidavit; or

(b) signed by the informant and contain an acknowledgment signed in the
presence of a person referred to in Schedule 3 that the statement is true and correct and is made in the belief that a person making a false statement in the circumstances is liable to the penalties of perjury; or

(c) in a form, and attested to in a manner, prescribed by the rules of court.


Note

Section 414 provides for acknowledgment of false statements.



Sub-section (2) used to specify that an informant who acknowledged a statement described in subsection (1) knowing the statement to be false is liable to the penalties for perjury. The provision has been removed as it is redundant, as described in the amended note.

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