Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 47

Alibi evidence

47. Alibi evidence



(1) A defendant who is represented by a legal practitioner must not without
leave of the Court-

   (a)  give evidence personally; or

   (b)  adduce evidence from a witness-

in support of an alibi unless the defendant has given notice of alibi.

(2) A notice under subsection (1) is given by serving on the informant or the
person conducting the prosecution on the informant's behalf before the start
of the examination of the first witness for the prosecution notice of the
alibi with particulars-



   (a)  as to time and place; and

   (b)  of the name and last known address of any witness to the alibi.

(3) If-

   (a)  a defendant gives notice of alibi under subsection (1); and

   (b)  the informant requests an adjournment-

the Court must grant an adjournment for a period that appears to the Court to
be necessary to enable investigation of the alibi unless it appears that to do
so would prejudice the proper presentation of the defence.

(4) If a person has been named or referred to as a proposed witness in any
notice of alibi given under subsection (1)-

   (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
unless the defendant's legal practitioner or, if the defendant is
unrepresented, the defendant-

   (c)  consents; and

   (d)  is present during the communication.

Penalty applying to this subsection: 10 penalty units.