Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 52

Offence to communicate with alibi witness

52. Offence to communicate with alibi witness



(1) If a person (other than a person referred to in subsection (2)) has been
named or referred to as a proposed witness in a notice of alibi given under
section 51-

   (a)  a person acting for the prosecution; or

   (b)  a member of the police force-

must not communicate with that person directly or indirectly with respect to
the charge or any related matter before the conclusion of the proceeding,
including any rehearing, without the consent and presence during the
communication of-

   (c)  the legal practitioner representing the accused; or



   (d)  if not legally represented, the accused.

Penalty: Level 8 imprisonment (1 year maximum)

(2) Subsection (1) does not apply to a person who the accused has been
notified may be called as a witness for the prosecution at the summary
hearing.

Division 4-Mention hearing and contest mention hearing