Victorian Current Acts

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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

S. 52(1)(b) amended by No. 37/2014 s. 10(Sch. item 41.5).

        (b)     a police officer—

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.

Ch. 3 Pt 3.2 Div. 4 (Heading) substituted by No. 68/2009 s. 7.

Division 4—Mention hearing, summary case conference and contest mention hearing

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