Getting prosecution information - Criminal trials
If you have been charged with an offence, the police need to give you some key documents to help you understand the case against you. You can ask for these things even before entering a plea or having the matter set for trial. Sample letters to ask for prosecution information are available to download at the end of this page.
The Prosecution Notice sets out the details of the offence that you are alleged to have committed.
Statement of Material Facts
The Statement of Material Facts is the prosecution’s summary of what they say happened.
WA Police Evidence Matrix
The WA Police Evidence Matrix lists the elements of the offence and a summary of the prosecution’s evidence for each element.
Electronic Record of Interview
A copy of the record of interview you did with the police (if you did one).
Your criminal record (if you have one).
For most offences in the Magistrates Court, you can also request copies of the following documents after you have entered a plea of 'not guilty'
- written statements signed by you and written records of interview
- prosecution witness statements, and
- copies of other evidence that the prosecution intends to tender at trial.
This is called requesting disclosure. Get legal advice about whether the police have to provide disclosure in your case.
How to request disclosure
To request disclosure, you must write to the investigating officer named in the Statement of Material Facts and request disclosure.
Time frame for getting disclosure
If the prosecution are required to provide disclosure, they must do so at least 28 days before the trial.
What to do with disclosure
Try and get some legal advice. A lawyer can help you:
- Narrow the issues in dispute and identify the key points you need to address at the trial.
- Review all of the information provided by the prosecution and address any issues raised in the prosecution witness statements.
- Prepare your lines of questioning for the trial.