Brief preparation guidelines _ commonwealth director of public prosecutions

Poorly put together briefs are much more difficult to understand and assess than well-organised and thought out briefs. Career in anti money laundering Briefs containing large numbers of documents can be particularly difficult to come to grips with because it is difficult to retain all the information in the brief and to understand all the documentary evidence and its significance. How to report money laundering The defendant’s lawyers will also find it difficult to understand such a brief.


Global money laundering statistics In that situation, they may approach the court to order service of a proper brief.

It is the job of the investigator, not the CDPP, to organise the brief. How many years in prison for money laundering If the CDPP receives a poorly put together brief, the CDPP may return the brief to the investigator asking that the brief be compiled in accordance with these guidelines.

The following guidelines set out a standard format for a brief of evidence. Definition of money laundering They are designed to provide general guidance. What do you understand by money laundering acca They do not address every issue which can arise and will not provide guidance on every question which may arise. Definition money laundering If an investigator considers that strict application of the guidelines to a particular case, or type of case, would produce an unintended result, the investigator should discuss the issue with the CDPP.

Sometimes the standard format is not the best format for a particular brief. Money laundering news articles Accordingly, investigators should always consult the CDPP if they have any doubts about the appropriateness of using the standard format in preparing a particular brief.

Where a defendant has made full admissions in an admissible record of interview, an investigator may provide the CDPP with a “short form brief”. International money laundering information network A short form brief should follow the same format as any other brief although it will not include all the evidence and exhibits that would otherwise be provided in a brief. Money laundering 101 Agencies should discuss with the appropriate regional CDPP office the circumstances where it is appropriate to refer a short form brief and what it should contain. About anti money laundering 1.3 Preliminary discussions with prosecutor prior to referral of a brief

The CDPP prosecutes in accordance with the Prosecution Policy of the Commonwealth and does not have an investigation function. Money laundering regulations 2007 However, an investigator may, prior to referring a brief to the CDPP, consult the CDPP on:

The CDPP encourages this early contact. News money laundering There should always be consultation in large and complex investigations to obtain CDPP advice on the matters listed above.

When an investigator seeks advice from the CDPP in the pre-brief stage, he or she should provide the CDPP the following material, where available:

Investigators must provide the CDPP with one full paper copy of a brief for each defendant. Money laundering origin The CDPP requires a paper copy of briefs which are delivered electronically via a program such as LSS. Fatf money laundering If there are co-offenders, there should be a paper brief for each defendant.

The investigator should discuss with the CDPP the need to attach to the paper brief a floppy or compact disc containing a copy of all word documents and excel spreadsheets included in the brief. How to identify money laundering These should not normally be e-mailed to the CDPP as they may contain personal information.

Some agencies, such as ASIC and Centrelink, have agreed with the CDPP a specific format and content for their briefs. Anti money laundering and counter terrorism Such an agreement overrides these guidelines if there is a conflict between them.

Generally no original documents or exhibits should be included in the brief. What is money laundering uk The investigator should keep in his or her custody all original statements, documents and exhibits. Tax evasion money laundering The prosecutor may wish to peruse these items. Define laundering money Original witness statements may in some instances be provided to the CDPP, but only after consultation with the CDPP. Fighting money laundering There is no need to place photocopied documents in plastic sleeves.

It is normally not necessary to paginate the brief. Money laundering vancouver The CDPP believes that there is no need for pagination, except in limited circumstances in Victoria, because it has the potential to cause confusion if further materials were added to the brief or it is re-arranged.

However, in Victoria, the CDPP may request an investigator to paginate a brief prior to a hand up committal. Types of money laundering In this situation the investigator does not need to paginate the brief before initially referring the brief. Define money laundering At some stage the CDPP may return the brief for pagination. Anti money laundering training courses This will occur only in a small number of cases.

All witness statements should have every paragraph numbered. What is the definition of money laundering Where paragraphs are numbered, Arabic numerals should be used, for example, 1, 2, 3.

Please place the brief in two-ring, lever arch folders. Anti money laundering registration The exception is when the brief is very small in which case the papers may be held together securely in some other convenient fashion. Money laundering books If there is more than one folder, please number each folder and label it, for example:

The brief cover sheet should identify any victim in relation to the criminal conduct alleged in the brief of evidence, even if that victim is not a potential witness in the matter. Money laundering procedures The CDPP’s Policy on Victims of Crime defines ”victim” is an identified individual who has suffered harm as a direct result of an offence or offences committed, or apparently committed, against Commonwealth law or prosecuted by Commonwealth authorities. Money laundering meaning in english ‘Harm’ includes physical or mental injury, pregnancy, emotional suffering or economic loss.

The brief cover sheet should also note if any victim has a particular vulnerability, for example if the victim is a child. Anti money laundering regulations for banks 3. Money laundering definition in hindi ELECTRONIC BRIEFS

In cases involving a very large number of documents, often the only way to manage the investigation and brief preparation, the assessment of the brief by the CDPP and eventual prosecution is to use an electronic system such as the ASIC’s Litigation Support System (LSS).

The current HOCOLEA standard for an electronic brief is LSS. Sentence for money laundering uk ASIC make LSS available to Commonwealth investigators upon request. Money laundering investopedia The CDPP will accept electronic briefs using a system other than LSS so long as it is compatible with LSS. Anti money laundering policy Where an electronic copy is provided, the CDPP also requires one paper copy of the brief.

There are certain practical requirements for an electronic brief. Global money laundering These are set out below. Acca money laundering With the increased use of electronic briefs it makes sense to adopt these as general practices where possible, even if an agency delivers an electronic brief only occasionally.

It is very important to use 9 character alphanumeric barcode numbers for all numbered documents and exhibits. Latest money laundering news LSS needs a 9-digit alphanumeric barcode “number” for all documents and exhibits. Lawyer money laundering It simply will not work with more or less than 9 digits. Money laundering gift cards Numbers less than 9 digits long should be prefixed with zeros to make 9 digits eg “146700” becomes “000146700”.

An electronic brief is used in a case involving large numbers of documents that are obtained during the investigation. Money laundering legal definition Investigators will usually place exhibit numbers or barcodes on these documents using sticky labels. How does money laundering work Labels should be placed so that they do not cover any printing or markings on the document or exhibit.

Where possible, a label should be placed on an original document on the top right hand corner of the first page or front cover of document, whichever is first. Money laundering ppt If that is not suitable, place it on a clear space on the front page, preferably on the top half of the document. Drug trafficking and money laundering If that is not possible, place the label on the back of the first page or front cover of the document.

• If the suspect is or was employed by the Commonwealth, whether he or she has been disciplined in relation to the alleged offence and the consequences of conviction on his or her future employment;

• whether there are any statements or exhibits for which the investigator wishes the CDPP to claim legal professional privilege or public interest immunity;

Because the letter of referral may contain confidential material the letter should be marked “IN CONFIDENCE” and “SUBJECT TO LEGAL PROFESSIONAL PRIVILEGE”.

It is important for the CDPP to have details of the witnesses, including their address and contact details. What is the purpose of money laundering However, in some situations this information should be treated as confidential. Integration money laundering The CDPP prefers that this information be provided with the covering letter rather than as part of the brief proper. Money laundering and terrorist financing Where a witness makes a statement in his or her capacity as a Commonwealth employee, the address given should be the witness’s work address.

The Investigator should include the date of birth of a witness in the above witness list only when it is necessary to identify witness, for example, if the witness has a common name or where investigator anticipates the CDPP will want to check if the witness has a prior criminal record. Money laundering documentary The CDPP may also, on occasion, request a witness date of birth if one is not supplied.

Attached to the brief should be a completed cover sheet. Bank money laundering If the brief is referring more than one suspect, please complete a separate brief cover sheet for each defendant because the CDPP creates a separate file for each suspect.

Completed cover sheets will assist the CDPP to enter accurately and quickly details of the brief into the CDPP’s computerised prosecution records system. Punishment for money laundering With the CDPP receiving more than 5,000 briefs a year, streamlining the process of data entry should produce considerable efficiencies for the CDPP.

Where corporate structures are involved, the brief should outline those structures including a listing of officers of the company and the relationship of particular defendants to the company.

The brief should state whether charges have been laid. Money laundering miami Where charges have been laid, a copy of the information and summonses must be included. Simple meaning of money laundering If charges have not been laid include here details of the recommended charges.

This is a short summary of the alleged facts that should give the prosecutor an overall appreciation of the case. Recent money laundering cases in india It is not a summary of the investigation. Anti money laundering act meaning The prosecutor will also use this to read to the court when a defendant pleads guilty or in bail applications. Money laundering regulations 2016 In larger more complex cases the CDPP requires a longer and more detailed statement of facts.

The statement of facts should set out a chronology of the alleged facts of the offence. Money laundering cases in india The chronology should be of the alleged facts that constitute the physical elements of the offence, not of the investigation. Money laundering stages The chronology should be factual and objective and cross-referenced to witness statements and exhibits.

The investigator should state here whether the suspect participated in the record of interview and whether he or she made admissions. Money laundering act 2007 Where relevant, the financial repercussions of the offence should be included.

A witness “proves” a document when he or she is able to produce a document or other exhibit in a hearing so that it is admitted into evidence.

Any records of interview of suspects should be set out in the above list by reference to the investigator who conducted the record of interview.

The Exhibit list sets out all the exhibits in the brief. Money laundering prevention act 2012 They should be listed in numerical order of their unique identifier numbers, if they have them. Anti money laundering measures Otherwise, they should be listed in some other logical way. Penalty for money laundering Unique identifier no. 3 phases of money laundering if one exists

In Queensland, there is a legislative requirement for committals that the statements must be separate from the exhibits. Money laundering act 2011 In Queensland, the CDPP prefers that statements be separate from exhibits in a brief. What is money laundering and how does it work In Queensland, please place exhibits in numerical order of their unique identifiers, if they have them. What is money laundering with example Otherwise, place them in some other logical order and provide a short piece of text explaining the order used.

In other states and territories, please attach to the statement a copy of the exhibits referred to in the statement, unless otherwise agreed with CDPP.

If a number of witnesses refer to a long documentary exhibit in their statements, it is not necessary to attach the exhibit to a statement where the exhibit is correctly described so that there can be no doubt as to which exhibit is being referred to.

In briefs with a large number of documentary exhibits is it often better to place exhibits in separate folders in numerical order of the exhibit numbers. Money laundering kenya If you have any doubts about what is the best order for exhibits in a particular case, please contact the CDPP and discuss.

Except in Queensland, any records of interview of suspects should be attached to the statement of the investigator who conducted the record of interview. Money laundering bangladesh In Queensland, please put all records of interview at the beginning of the exhibits.

Where these form part of the evidence, please ensure that they are explained via an appropriate system and/or process statement. Cases of money laundering 5. DISCLOSURE

Courts now expect disclosure of the prosecution brief to the defendant prior to a hearing. Forms of money laundering In addition, some state legislation now requires disclosure of the prosecution brief to the defendant and his or her representatives, in summary and indictable prosecutions.

• material which the prosecution does not intend to rely on as part of its case and either runs counter to the prosecution case or might reasonably be expected to assist the defendant in advancing a defence.

The CDPP requires a Disclosure Certificate to be attached to all briefs of evidence. Money laundering amount The completion of this certificate will ensure that the investigator has turned his/her mind to all potentially disclosable material and possible exceptions to disclosure which might apply. Money laundering images This in turn will assist the CDPP in meeting its disclosure obligations.