Alibi

Question 1

Define Alibi

Answer 1

An alibi is the plea in a criminal charge of having been elsewhere at the material time.

The fact of being elsewhere

Question 2

Written notice of an alibi is to be given by the defendant under Section 22(2) of the criminal disclosure act 2008. Within how many days?

Answer 2

10 working days after the defendant is given notice under section 20

Question 3

What must the defendant include in a notice of alibi?

Answer 3

Name and address of the witness

Or

Any matter know by the defendant that might be of material assistance in finding that witness

Question 4

What is procedure when alibi witnesses are interviewed?

Answer 4

OC case only to do interview if the prosecutor requests it.

If requested:
1. Advise the defence counsel of the proposed interview
2. Give them reasonable opportunity to present
3. If the accused is not represented
4. Endeavour to ensure when the witness is interview in presence some independent person
5. Make a copy of FWS
6. Any info on the credibility of the alibi witness can be withheld