Section 53 of the Evidence Act 1995 (views, demonstrations, experiments, inspections) is limited to out-of-court demonstrations and does not apply to in-court demonstrations by witnesses or the accused during the course of giving evidence. A Crown prosecutor may show a single item of clothing to a witness and ask the witness to comment on it, provided the witness has first described the item from their own recollection and the questions are not in a seriously leading form. A trial judge should be slow to refuse leave under s 150 of the Criminal Procedure Act to adduce alibi evidence unless prejudice arises that is incapable of being addressed without significant disruption of the trial, and a trial judge cannot require the Crown's consent before granting such leave.
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