Alibi Evidence
Updated 23/01/08
Principle
Evidence in support of an alibi is evidence that tends to show that by reason of the presence of the defendant:
- at a particular place; or
- in a particular area at a particular time.
S/he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.
Section 5(8) of the Criminal Procedure and Investigations Act 1996 <(Archbold 12-56)>defines the term evidence in support of an alibi, for the purposes of that Act in the terms above. This is identical to the definition of the same term in the now repealed Section 11(8) of the Criminal Justice Act 1967.
Guidance
The statutory provisions and rules requiring service of alibi notices were repealed by the Criminal Procedure and Investigations Act 1996.
That Act introduced a scheme of more general disclosure of the defence case. Refer to defence statements and defence applications for further disclosure, elsewhere in this guidance.
If the defence case discloses an alibi, the defendant must give particulars of the alibi in the defence statement. This should include:
- the name and address of any witness the defendant believes is able to give evidence in support of the alibi, if the name and address are known when the statement is given;
- if the names and addresses are not known to the defendant, any information the defendant has that might assist in locating the witness.
Procedure
Current Procedure
For cases being dealt with at the Crown Court the defence statement, including particulars of any alibi, must be given during the period specified in regulations made by virtue of section 12 of the Criminal Procedure and Investigations Act 1996. Refer to defence statements and defence applications for further disclosure elsewhere in this guidance.
Section 6 of the 1996 (Archbold 12-57) Act states that the requirement of providing details of an alibi also apply to trials in the Magistrates Court if a defence statement is provided.
When a defence statement containing particulars of an alibi is received:
- check that the particulars of the alibi included in the statement are sufficient for police investigation. If not, request further information from the defence, i.e. where, when and with whom;
- when sending the defence statement to the police, request that they interview witnesses (refer to interviewing witnesses for the other side, elsewhere in this guidance) and forward statements to you. Request that they check the witnesses for any previous convictions.
The Police will provide a report on their investigations of the alibi. A copy should be sent to Counsel.
If the police are unable to locate a witness at an address given in the defence statement, notify the defence and request they supply any further information in their possession that might assist in tracing the witness.
Procedure Pre-CPIA
The procedure introduced by the Criminal Procedure and Investigations Act 1996 applies to offences where the investigation commenced on or after 1 April 1997. For offences where the investigation commenced before that date, the old law applies see the 1997 edition of Archbold at 4-316 et seq.
The requirements of the Magistrates' Courts Rules 1981, which were repealed by the Criminal Procedure & Investigations Act, 1996 provided that particulars of the alibi should be given:
- during the course of committal proceedings; or
- to the solicitor for the prosecution not later than seven days from the end of those proceedings.
Unless the alibi warning is given at the committal, there is no necessity for the defence to comply with the provisions of Section 11 Criminal Justice Act 1967. <Archbold 4-316>
It is important that the defendant is given the alibi warning, by the magistrates' court in appropriate cases at committal. Where the magistrates' court gives the alibi warning, the file should be clearly noted. If no alibi warning is given this should be noted together with any reason why it was not given.
If there are other witnesses to the alibi, the notice must include:
- their names and addresses; or
- if they are unknown to the defendant, any information the defendant has that might assist in locating the witness.
If the defendant is unable to give such names and addresses, s/he must:
- endeavour to ascertain this information; or other information which might assist in locating the witnesses; and
- inform the prosecution of any such information that comes into his or her possession.
If the existence of other potential witnesses to the alibi become known to the defendant or their solicitor:
- an alibi notice must still be given as soon as practicable, even though there may have been no opportunity by the defence to interview the witness or decide whether to call him or her;
- the notice must name the witness when their identity is known.
A trial judge is unlikely to exclude evidence of alibi where inadequate or no notice has been served. A defence application to adduce alibi evidence in such circumstances is likely to result in an adjournment to enable the prosecution to investigate the alibi.
Where you wish to prove as part of your case that a particular Notice of Alibi was given, the defence should be asked to admit this fact, otherwise proof of receipt of the actual notice will be necessary. The form in which notice should be given is set out in Magistrates Courts [Forms] Rules 1981, Form 24.
When a Notice of Alibi has been received:
- Check that it has been served within the "prescribed period" i.e. seven days from the end of the committal proceedings;
- Note the date of receipt on the file and whether or not it is in time;
- Acknowledge receipt and if insufficient particulars of the alibi are included in the notice, request further and better particulars from the defence, i.e. where, when and with whom;
- Send a copy of the notice to the police for investigation; they will interview witnesses and forward any statements to you; they will check the witnesses for any previous convictions;
- To comply with the Practice Note (1969) -(1969 1 All ER 1042) and to assist the listing officer, send a copy of the notice to the Crown Court;
- Send a copy of the notice to counsel with information as to whether or not the notice was in time and what action you have taken e.g. requesting further and better particulars, and asking the police to investigate.
The police will provide a report on their investigation of the alibi; a copy of their report should be sent to counsel. Where counsel is instructed, counsel should consider any request by the defence for copies of statements made by alibi witnesses.
If the police are unable to locate a witness at an address given in the notice, you should notify the defence; the defendant can then supply any information in her or his possession that might enable the witness to be traced. For information on interviewing defence witnesses see, Interviewing witnesses for the other side elsewhere in this guidance.