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Clause 191

provides that it is an offence for a person acting for the prosecution or a police officer to communicate directly or indirectly with an alibi witness, with two exceptions. First, communication is allowed with the consent and in the presence of the accused's legal practitioner or, if the accused is not legally represented, the accused. Secondly, the prohibition does not apply to an alibi witness who the accused has been notified may be called as a witness for the prosecution. This second exception is a change from the current offence provision (section 399B of the Crimes Act 1958) in order to deal with situations such as that identified in R v Boris Beljajev [2006] VSC 413. Division 3—Orders