Crimes (Alibi Evidence) Regulations 2003

i Crimes (Alibi Evidence) Regulations 2003 S.R. No. 2/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Revocation 1 5. Notice of particulars of alibi 2 6. Proof of service of notice 2 7. Accused in custody 2 8. Notice of the requirements of section 399A 2 9. Service of notices on accused 2 10. Transitional provision concerning forms 3 __________________ SCHEDULE 4 Form 1—Notice of particulars of alibi 4 Form 2—Notice of provisions with respect to alibi 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2003 S.R. No. 2/2003 Crimes Act 1958 Crimes (Alibi Evidence) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 22 January 2003 Responsible Minister: ROB HULLS Attorney-General HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe forms of notices, methods and proof of service of notices and information to be given to accused persons for the purposes of section 399A of the Crimes Act 1958. 2. Authorising provision These Regulations are made under section 399A of the Crimes Act 1958. 3. Commencement These Regulations come into operation on 1 February 2003. 4. Revocation The Crimes (Alibi Evidence) Regulations 19921 are revoked. -- 2 of 8 -- S.R. No. 2/2003 Crimes (Alibi Evidence) Regulations 2003 2 5. Notice of particulars of alibi For the purposes of section 399A(1) of the Crimes Act 1958, if the notice required by that sub-section is given to the Director of Public Prosecutions, it must be in Form 1. 6. Proof of service of notice Service of any notice in writing required to be given by section 399A of the Crimes Act 1958 may be proved by oral evidence or by affidavit. 7. Accused in custody (1) The officer in charge of a prison or police gaol must, on request, furnish a copy of Form 1 to an accused person who is in custody in the prison or police gaol. (2) The officer in charge of a prison or police gaol must cause a completed copy of Form 1 to be given to the Director of Public Prosecutions in accordance with section 399A(5) of the Crimes Act 1958. 8. Notice of the requirements of section 399A For the purposes of section 399A(3)(b) of the Crimes Act 1958, an accused person is given adequate information concerning the requirements of section 399A of the Crimes Act 1958 if the Director of Public Prosecutions gives the accused person a notice in Form 2. 9. Service of notices on accused The Director of Public Prosecutions may serve a notification required to be given to an accused person by post addressed to— (a) the address shown in the undertaking of bail of the accused person; or r. 5 -- 3 of 8 -- S.R. No. 2/2003 Crimes (Alibi Evidence) Regulations 2003 3 (b) any other address communicated to the Director of Public Prosecutions by or on behalf of the accused person; or (c) the officer in charge of the prison or police gaol where the accused person is detained. 10. Transitional provision concerning forms (1) It is sufficient compliance with regulation 5 if the form is in Form 1 of the Crimes (Alibi Evidence) Regulations 1992. (2) It is sufficient compliance with regulation 8 if the form is in Form 2 of the Crimes (Alibi Evidence) Regulations 1992. (3) This regulation ceases to have effect on 31 December 2003. __________________ r. 10 -- 4 of 8 -- S.R. No. 2/2003 Crimes (Alibi Evidence) Regulations 2003 4 SCHEDULE FORM 1 NOTICE OF PARTICULARS OF ALIBI To the Director of Public Prosecutions Informant: [full name] Defendant: [full name] Charge filed on: [date] Nature of offence: On [date] in the Magistrates' Court at [venue] the Defendant was committed for trial for the above offence. Take notice that the Defendant intends to adduce at the trial evidence in support of an alibi and provides the following information in support of the alibi: [If space insufficient attach a separate sheet.] (a) [State the name of each witness the Defendant proposes to call]; (b) [State the current address of each witness, if known to the Defendant]; (c) [if the name or address of each witness is not known, the Defendant must state all information he or she has which might help locate the witness]; (d) [State the facts on which the Defendant relies]. This notice to the Director of Public Prosecutions may be given by leaving it at his or her office or by sending it in a registered or certified letter addressed to the Director of Public Prosecutions at his or her office. If the Defendant is in a prison or a police gaol, the officer in charge of the prison or police gaol will arrange for this notice, when completed by the Defendant, to be given or sent to the Director of Public Prosecutions. __________________ Sch. -- 5 of 8 -- S.R. No. 2/2003 Crimes (Alibi Evidence) Regulations 2003 5 FORM 2 NOTICE OF PROVISIONS WITH RESPECT TO ALIBI To the Defendant [full name] Take notice that under section 399A of the Crimes Act 1958 a Defendant is not entitled at his or her trial, without leave of the court, to establish an alibi unless the Defendant gives notice of the particulars of the alibi in court during or at the end of the committal proceedings or in writing to the Director of Public Prosecutions. Notice must be given within 10 days from the day on which you are given a copy of the statement and particulars of the offence as charged in the presentment. If you were committed for trial on the charge in relation to which the alibi is sought to be relied upon, you must give notice within 10 days from the day on which you were committed. Your attention is drawn to the following matters: 1. Notice of particulars of an alibi must contain the following information in support of the alibi: (a) the name of each witness you propose to call to establish the alibi; (b) the current address (if known to you) of each witness; (c) if the name or address of the witness is not known to you, any information in your possession which might help locate the witness; (d) the facts on which you rely. 2. The address of the Director of Public Prosecutions for service of the notice of the particulars of an alibi is [insert address]. 3. Before you give notice of particulars of an alibi which does not include the name or address of a witness, you should first take reasonable steps to ascertain the name or address of that witness. Sch. -- 6 of 8 -- S.R. No. 2/2003 Crimes (Alibi Evidence) Regulations 2003 6 4. If you are notified by or on behalf of the Director of Public Prosecutions that a witness has not been traced from the information you have given, you should immediately give the Director of Public Prosecutions notice of any other information you then have which might be of material assistance in finding the witness. If you subsequently receive any such information, you should immediately give the Director of Public Prosecutions notice of that information. Dated: Director of Public Prosecutions Note: Notices of alibi can be obtained from registrars of the Magistrates' Court and officers in charge of prisons or police gaols. ═══════════════ Sch. -- 7 of 8 -- S.R. No. 2/2003 Crimes (Alibi Evidence) Regulations 2003 7 ENDNOTES 1 Reg. 4: S.R. No. 178/1992. Endnotes -- 8 of 8 --