This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
sets out that an accused must not, without the leave of the court, give or adduce evidence relating to an alibi unless a notice of alibi has been served on the prosecution. Subclause (8) provides that the court cannot refuse to grant leave if the accused was not informed of the requirement to serve a notice of alibi. A notice of alibi must be served at least 7 days before the contest mention hearing, or if no contest mention hearing is held, the summary hearing. A notice of alibi must contain particulars of the alibi and of any witness to the alibi. If the name and address of a witness are not known, then the accused must include any information which, may assist in finding the witness. If a notice of alibi does not include the name and address of a witness, 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 find out the name and address. The accused must also give written notice to the informant of any further information which might assist in finding the witness if the informant notifies the accused that a witness named (or referred to) in a notice of alibi has not been traced. If the accused gives notice of alibi, the court must grant an adjournment on the prosecution's application to allow investigation of the alibi, unless the adjournment would prejudice the proper presentation of the accused's case.