Victorian Current Acts

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Alibi evidence

    (1)     This section applies to     an accused on a summary hearing, if the accused is represented by a legal practitioner.

    (2)     An accused must not, without leave of the court—

        (a)     give evidence personally; or

        (b)     adduce evidence from another witness—

in support of an alibi unless the accused has given notice of alibi within the period referred to in subsection (3).

    (3)     A notice of alibi is given by serving the notice on the prosecutor or the informant—

        (a)     at least 7 days before the day on which the contest mention hearing is to be held; or

        (b)     if there is no contest mention hearing, at least 7 days before the summary hearing; or

        (c)     if the notice is not then in existence, as soon as possible after it comes into existence.

S. 51(4) amended by No. 68/2009 s. 51(r).

    (4)     A notice of alibi must be served in accordance with section 392.

    (5)     A notice of alibi must contain—

        (a)     particulars as to time and place of the alibi; and

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

        (c)     if the name and address of a witness are not known, any information which might be of material assistance in finding the witness.

    (6)     If the name and address of a witness are not included in a notice of alibi, the accused must not call that person to give evidence in support of the alibi unless the court is satisfied that the accused took reasonable steps to ensure that the name and address would be ascertained.

    (7)     If the accused is notified by the informant that a witness named or referred to in a notice of alibi has not been traced, the accused must give written notice to the informant, without delay, of any further information which might be of material assistance in finding the witness.

    (8)     The court must not refuse leave under subsection (2) if it appears to the court that the accused was not informed of the requirements of this section.

    (9)     If—

        (a)     an accused gives notice of alibi under this section; and

        (b)     the prosecutor 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 case of the accused.

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