---
title: "Letter to the prosecution requesting service of the brief of evidence and missing material (NSW Local Court)"
url: "https://ailawframework.com/precedents/criminal-law/request-for-brief-and-missing-material-local-court-nsw"
type: "precedent"
site: "AI Law Framework"
id: "a20-request-for-brief-and-missing-material-local-court-nsw"
area_id: "A20"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A20-P20260916-1", "A20-T1-R12"]
law_stated_as_at: "2026-10-18"
---

# Letter to the prosecution requesting service of the brief of evidence and missing material (NSW Local Court)

> Defence letter to the police prosecutor or ODPP after a not guilty plea in the NSW Local Court: asks for the brief on time, lists missing statements, exhibits and recordings, seeks inspection of exhibits, and reserves…

Canonical page: https://ailawframework.com/precedents/criminal-law/request-for-brief-and-missing-material-local-court-nsw  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

Defence letter to the police prosecutor or ODPP after a not guilty plea in the NSW Local Court: asks for the brief on time, lists missing statements, exhibits and recordings, seeks inspection of exhibits, and reserves objections to unserved evidence.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Criminal Law](https://ailawframework.com/precedents/criminal-law.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for New South Wales.

## When to use it

Use after a plea of not guilty in summary proceedings in the Local Court of NSW, once the brief service date is set, and again when material in the brief is missing. Pair it with the disclosure tracker. For indictable matters in committal proceedings, adapt it to the committal brief and charge certificate process.

## Used for these tasks

- [Prepare a missing-brief and exhibit request list](https://ailawframework.com/practice/criminal-law/prepare-a-missing-brief-and-exhibit-request-list.md)
- [Build a disclosure and unused-material tracker](https://ailawframework.com/practice/criminal-law.md#A20-T1-R12)

## How AI may be used

AI may compare the brief index with the statements and exhibits served and list what is missing; the lawyer decides what to request and whether to object to evidence at the hearing.

**AI may:**

- Compare the brief index and the statements against the material actually served and list missing statements, exhibits, recordings and records
- List exhibits referred to in statements that have not been copied or made available for inspection
- Calculate the 14-day service date from the hearing date, for the lawyer to confirm

**AI must not:**

- Must not decide that an item is relevant to the defence case or disclose defence strategy in the request
- Must not process the brief in a tool outside the firm’s approved environment or one that retains or trains on inputs
- Must not send the letter or contact the prosecutor or police

**The lawyer checks:**

- Each item requested is identified precisely (statement, exhibit, recording, record) and the request does not reveal defence strategy the client has not authorised
- The service date and the hearing date are right, and any order for a later date or for part of the brief not to be served has been checked
- For ODPP matters, the request for relevant unused material is framed around the officers’ disclosure duty
- Objections under s 188 to evidence not served are noted for the hearing and the client is advised about any adjournment

## Authorities

- [Criminal Procedure Act 1986 (NSW) s 183 (brief of evidence to be served after a not guilty plea; contents; at least 14 days before the hearing unless the court sets a later date)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1986-209)
- [Criminal Procedure Act 1986 (NSW) ss 184, 187 (exhibits that cannot be copied; inspection; orders that the brief need not be served; adjournments)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1986-209)
- [Criminal Procedure Act 1986 (NSW) s 188 (evidence not served as required must be refused unless the court dispenses with the requirement)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1986-209)
- [Director of Public Prosecutions Act 1986 (NSW) s 15A (law enforcement officers’ duty to disclose relevant material to the Director where the Director prosecutes)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1986-207)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/criminal-law/request-for-brief-and-missing-material-local-court-nsw and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*