Part 3.2 – Division 3 Preliminary disclosure of case of accused Flashcards
S50 – Exp-evidence (7 days before CMH or SH)
(1) If A intends to call EE at hearing of charge, A must serve on the informant and file statement of expert at least (a) 7 days before contest mention hearing, or if no CMH, (b) 7 days before summary hearing (c) If statement not then in existence; as soon as it comes into existence.
(2) Statement must:
● (a) Include name and business address of EW
● (b) Describe relevant qualifications of the W to give EE
● (c) Set out substance of the evidence it proposes to adduce including opinion and the acts, facts, matters and circumstances on which the opinion is formed
Note s177 EA – certificates of EE
Alibi evidence s51
Alibi: a claim or piece of evidence that one was elsewhere when an act, typically a criminal one, is alleged to have taken place.
(1) Applies to an A on a summary hearing, if the A is represented by a LP
(2)(a) A mustn’t give personally / (b) adduce alibi evidence from another witness
Without leave of the court* unless has given notice:
● (3)(a) At least 7 days before contest mention hearing or
(b) if no CM then “”” the summary hearing
(c) otherwise ASAP
(4) Serve per 392
Notice must contain:
● (5)(a) Particulars as to time & place of the alibi
● (b) Name and last known address of any W to the alibi
● (c) If not known, any material that may assist in finding W
● (6) If W not named, A can’t call them unless Court satisfied A took r’ble steps to ensure name/address of W would be ascertained
● (7) If the A is notified by the informant that a W named or referred to in a notice of alibi has not been traced, the A must give written notice to the informant, without delay, of any further information which might assist in finding
● (8) Court can’t refuse leave if appears to court that accused was not made aware of the section.
● (9) If (a) A gives NOA (b), P requests an adjournment
● court must grant an adjournment for a period that appears necessary to enable investigation of alibi unless it appears that it would prejudice proper presentation of A’s case
s52 Offence to communicate with alibi witness s52
(1)(a) Person acting for the prosecution or (b) a police officer cannot communicate directly or indirectly with an alibi witness without consent and presence of (c) LP or (d) A themselves.
1 year imprisonment penalty
(2) Subsection (1) does not apply to a person who A has been notified may be called as witness for P at summary hearing.
