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.
provides that it is an offence for the prosecution or a member of the police force to communicate about the charge or any related matter with a person named or referred to as a proposed witness in a notice of alibi without the consent and presence of the accused's legal practitioner (or the accused if they are unrepresented). This carries a maximum penalty of 1 year imprisonment. Subclause (2) is a new subclause which provides that such communication is not an offence where it involves a person whom the accused has been notified may be called as a witness for the prosecution at the summary hearing. This subclause is designed to overcome the difficulty the prosecution may face in communicating with a prosecution witness for the purposes of preparing their case, where that witness is named in a notice of alibi. This situation arose in R v Boris Beljajev [2006] VSC 413. Division 4—Mention hearing and contest mention hearing