Prepare the particulars of an alibi notice for a trial on indictment
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the instructions, list the particulars an alibi notice must be able to carry, and the gaps. Do not write the notice. Section 150 applies only to trials on indictment. Evidence in support of an alibi means evidence tending to show that, because the accused was at a particular place or in a particular area at a particular time, the accused was not, or was unlikely to have been, at the place of the alleged offence at the time of its alleged commission. The accused may not, without leave, adduce that evidence unless, before the end of the prescribed period, notice of the particulars is given to the Director of Public Prosecutions and a copy is filed with the court. The prescribed period starts at committal for trial and ends 56 days before the trial is listed for hearing. The notice must be in writing and may be delivered to the Director, left at the Director's office, or posted to that office. To call another person, the notice must include that person's name and address, or, if unknown, any information then held that might materially help to find them, and later information must be given immediately. A notice given by the accused's legal practitioner is taken to be authorised unless the contrary is proved. The court may not refuse leave if it appears the accused was not informed by the committing Judge of the Local Court of the requirements in subsections (2), (3) and (7). A statement in writing by that judge that the accused was informed is evidence that the accused was so informed. Do not draft the notice.
- What the lawyer must review
- The lawyer decides whether the evidence is an alibi, settles the particulars, and writes and sends the notice. Evidence to disprove an alibi may, subject to the court's direction, be given before or after the alibi evidence. Other jurisdictions' alibi rules were not opened.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the instructions, list the particulars an alibi notice must be able to carry, and the gaps. Do not write the notice. Section 150 applies only to trials on indictment. Evidence in support of an alibi means evidence tending to show that, because the accused was at a particular place or in a particular area at a particular time, the accused was not, or was unlikely to have been, at the place of the alleged offence at the time of its alleged commission. The accused may not, without leave, adduce that evidence unless, before the end of the prescribed period, notice of the particulars is given to the Director of Public Prosecutions and a copy is filed with the court. The prescribed period starts at committal for trial and ends 56 days before the trial is listed for hearing. The notice must be in writing and may be delivered to the Director, left at the Director's office, or posted to that office. To call another person, the notice must include that person's name and address, or, if unknown, any information then held that might materially help to find them, and later information must be given immediately. A notice given by the accused's legal practitioner is taken to be authorised unless the contrary is proved. The court may not refuse leave if it appears the accused was not informed by the committing Judge of the Local Court of the requirements in subsections (2), (3) and (7). A statement in writing by that judge that the accused was informed is evidence that the accused was so informed. Do not draft the notice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Use the section's definition of evidence in support of an alibi. Do not treat a general denial as an alibi.
- Count the prescribed period as ending 56 days before the trial is listed for hearing, starting at committal.
- Do not write the notice. Record any witness whose name or address is missing as a gap, not as a guess.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.