Tasmanian Numbered Acts

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MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) ACT 2019 (NO. 43 OF 2019) - SECT 103

Court to warn defendant of need for alibi notice
(1)  In this section –
evidence in support of an alibi means evidence tending to show that, by reason of the presence of the defendant at a particular place or in a particular area at a particular time, the defendant was not, or was unlikely to have been, at the place where the elected summary offence is alleged to have been committed at the time of its alleged commission.
(2)  If –
(a) under section 107(4) or section 109(1) or a provision of another Act, a defendant on a charge for an electable offence elects to have the offence dealt with by the Court or, under section 111 , is taken to have made such an election; or
(b) under a provision of another Act, the Court determines that the charge for an electable offence is to be dealt with by the Court –
and the defendant enters a plea, other than a plea of guilty, to the charge, the Court is to warn the defendant that he or she may not be permitted to adduce evidence in support of an alibi, or call a witness to give evidence in support of an alibi, unless he or she serves on the prosecutor, in accordance with section 104 , a notice giving particulars of the alibi.



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