If you are representing yourself, you will need to gather evidence to support your case. Depending on the type of matter you are defending, there may be different types of evidence. If you are unsure what evidence you need to support your case, you should get legal advice.
You or a witness can take photos of the location of the incident or of objects related to the offence, such as damage to a car. You may also want to take photos that show signs, obstructions, hazards or anything else that might help your case. If you were injured during the incident, you may want to take photos of your injuries.
If the photo was taken on a mobile phone or a digital camera, it is a good idea to get a good quality print out of the image. If you cannot do this, you may be able to use as evidence the phone or digital camera itself and the images it contains. Make sure the photo is still on your mobile phone or digital camera before you tender it as evidence.
In-car Video (ICV)
If you were stopped by a police officer in a police car, the incident may have been recorded on an In-car Video (ICV). ICV is video footage recorded by video cameras in some police cars. The ICV records images and sounds. It can also record a conversation you had with a police officer.
Police officers who have ICV equipment in their cars must record any vehicle that they follow and intend on stopping. Once the police officer stops you, they must tell you if they are using the ICV.
If you were told that the incident was recorded, you may want to view this footage before you go to court. You should contact the officer in charge or the prosecutor dealing with your case and make an appointment to view the footage.
If you haven't had a chance to view the ICV before or on the day of court, you may be able to ask for an adjournment to get some more time.
If you want to use evidence such as videos or sound recordings, you should contact the court as soon as possible before the hearing to make sure that the equipment you need is available on the day.
Closed Circuit Television (CCTV) recordings
Closed Circuit Television (CCTV) is a television system which is used for the surveillance of a premises or place.
CCTV cameras are usually located near:
- identified crime hot spots
- ATMs and banks
- pubs and clubs
- bus stops, taxi ranks, car parks and railway stations
- community facilities, including public toilets and telephones
- places where at-risk groups, such as the elderly and young people, regularly go.
You may want to consider getting a copy of any CCTV footage if it might show:
- the incident did not occur the way the witnesses or police describe it
- you were in a different location at the time the offence is alleged to have been committed.
Owners or operators of CCTV footage may give you access if you ask. CCTV footage may not be kept for very long so you should ask for a copy as soon as possible.
Body-worn video is equipment worn by a police officer that is capable of recording images or sound or both.
If the police attended an incident, the police officer may have recorded what happened on their body-worn video.
If a police officer wants to record the incident, they must tell you they are using a body-worn video.
If a police officer wants to record a private conversation, the police officer must be in uniform and provide evidence that he or she is a police officer.
If you were told that the incident was recorded, you may want to view this footage before you go to court. You should contact the officer in charge or the prosecutor dealing with your case and make an appointment to view the video.
If you haven't had a chance to view the video before or on the day of court, you may be able to ask for an adjournment to get some more time.
You might have documents such as letters, maps or receipts that support your case, for example:
- a letter from RMS that led you to believe you were entitled to drive when in fact you were suspended or disqualified
- google maps showing the distance between two locations
- a prescription from a doctor which shows you were in lawful possession of medication
- a receipt which shows you owned an item.
You might have objects such as clothing, jewellery, or household items, for example:
- torn clothing that may show you were attacked and you were acting in self-defence
- broken household items, such as plates or a mobile phone, that may show you were being threatened.
If you are trying to get evidence from a person or an organisation and they will not give it to you, you can issue a Subpoena for Production.
For more information, see