Alibi

Question 1

DEFINE ALIBI

Answer 1

Chambers Dictionary

“as the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere.”

Question 2

Notice of alibi

Answer 2

Section 22 - Criminal Disclosure Act 2008

The defendant must provide the prosecutor with the particulars of any alibi witness they intend to use in court.

Question 3

Section 20 requirements

Answer 3

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.

Question 4

Requirement of notice

Answer 4

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.

Question 5

What is the procedure when an alibi witness is interviewed?

Answer 5

• Dont interview alibi unless prosecutor requests so
• Advise defence of interview date and time and give them opportunity to be present
• If not counsel representing at the interview ensure witness is interviewed with an independent non police person
• Copy witness statement and make available to defence

Question 6

WHAT MUST THE DEFENDANT DISCLOSE TO THE PROSECUTOR IF THEY INTEND TO CALL AN EXPERT WITNESS?

Answer 6

• brief of evidence or report provided by witness
• if brief not available, summary of evidence to be given
• Must be disclosed at least 10 working days before the trial

Question 7

PURSUANT TO SECTION 22(3)(a) OF THE CRIMINAL DISCLOSURE ACT 2008, THE NOTICE UNDER SUBSECTION (1) MUST INCLUDE?

Answer 7

• name and address of the witness or
• if name and address unknown at the time of notice to provide any matter known by the defendant that might be of material assistance in finding that witness