Notice of alibi
288 Notice of alibi
If a defendant is committed for trial for an indictable offence, the committing magistrate shall—
inform the defendant of the requirements of subsections (2), (3), (4) and (6); and
cause a copy of this section to be given to the defendant.
On a trial on indictment the defendant must not, without the court’s leave, present evidence in support of an alibi unless, within 14 days after the day the defendant is committed for trial, the defendant gives notice of particulars of the alibi.
On a trial on indictment the defendant shall not, without the leave of the court, call any other person to give evidence in support of an alibi unless—
the notice given under subsection (2) includes the name and address of the person or, if the name or address is not known to the defendant at the time he or she gives the notice, any information in his or her possession that might be of material assistance in finding the person; and
if the name or the address is not included in the notice—the court is satisfied that the defendant before giving the notice took, and after giving the notice continued to take, all reasonable steps to ascertain the name or address; and
if the name or the address is not included in the notice, but the defendant subsequently ascertains the name or address or receives information that might be of material assistance in finding the person—the defendant forthwith gives notice of the name, address or other information, as the case may be; and
if the defendant is told by or on behalf of the prosecution that the person has not been found by the name, or at the address, given by the defendant—
the defendant immediately gives notice of any information in the defendant’s possession that might be of material assistance in finding the person; or
if the defendant later receives any such information—the defendant immediately gives the prosecution notice of the information.
A notice purporting to be given under this section on behalf of the defendant by his or her legal practitioner shall, unless the contrary is proved, be deemed to be given with the authority of the defendant.
Any evidence tendered to disprove an alibi may, subject to any direction by the court, be given before or after evidence is given in support of the alibi.
A notice under this section shall be given in writing addressed to the director of public prosecutions.
In this section:
evidence in support of an alibi means evidence tending to show that by reason only of the presence of the defendant at a particular place or in a particular area at a particular time he or she was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.
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