7. Defences Involving Other People - Alibi Flashcards
Define alibi?
Chambers Dictionary43 defines an alibi “as the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere.”
Outline s22(1)&(2) CA61?
22 Notice of alibi
(1) If a defendant intends to adduce evidence in support of an alibi, the defendant must
give written notice to the prosecutor of the particulars of the alibi.
(2) The notice under subsection (1) must be given within 10 working days after the
defendant is given notice under section 20
Outline s22(3)(a) CA61?
(3) Without limiting subsection (1),—
(a) the notice under subsection (1) must include the name and address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness; or
Outline s22(3)(b) CA61?
(b) if the name or the address is not included in the notice, the defendant must have, before giving the notice, taken all reasonable steps, and after giving the notice continue to take all reasonable steps, to ensure that the name and address is ascertained; or
Outline s22(3)(c) CA61?
(c) if the name or the address is not included in the notice, but the defendant subsequently discovers the name or address or becomes aware of any other matter that might be of material assistance in finding the witness, the defendant must as soon as practicable give written notice of the name, address, or other information, as the case may require; or
Outline s22(3)(d) CA61?
(d) if the defendant is notified by the prosecutor that the witness has not been traced by the name or at the address given, the defendant must as soon as practicable give written notice of any other matter known to the defendant that might be of material assistance in finding that witness or, on subsequently becoming aware of any such matter, give written notice of it as soon as practicable.
In relation to alibi, under s22 CDA 08, what must a defendant do?
Under s22 of the Criminal Disclosure Act 2008, the defendant must provide
the prosecutor with the particulars of any alibi witness they intend to use in court. Written notice of an alibi is to be given by the defendant within 10 working days after the defendant is given notice under section 20.
Under s22 CDA 08, what is the court required to do?
Section 20 requires the Court or Registrar to give the defendant written notice of the requirements of section 22 and 23
* if the defendant pleads not guilty, or
* if the defendant is a child or young person, when they make their first
appearance in the Youth Court.
Where alibi evidence is to be introduced what should the O/C do?
The O/C case should also make inquiries to confirm or rebut evidence in support of the alibi. This information must be provided to the prosecutor as soon as reasonably practicable.
What is the procedure, should the prosecutor require the O/C to interview an alibi witness?
Must Know
- Advise the defence counsel of the proposed interview and give
them a reasonable opportunity to be present. - If the defendant is not represented, endeavour to ensure the witness
is interviewed in the presence of some independent person not
being a member of the Police. - Make a copy of a witness’s signed statement taken at any such interview available to defence counsel through the prosecutor. Any information that reflects on the credibility of the alibi witness can be withheld under s16(1)(o).
If a defendant intends to call an expert witness during proceedings, what must the disclose to the prosecutor?
Must Know
- any brief of evidence to be given or any report provided by that witness, or
- if that brief or any such report is not available, a summary of the
evidence to be given and the conclusions of any report to be provided. - This information must be disclosed at least 10 working days before the date fixed for the defendants trial, or within any further time that the court may allow (s23(1)).
