Criminal Procedure
(Alibis) (Jersey) Rules 1999
1 Notice
of alibi
(1) In
any criminal proceedings before the Magistrate, if the Magistrate considers
that the Magistrate may decide to commit the accused for trial before the Royal
Court, the Magistrate shall then tell the accused –
“I must warn you
that if I decide to commit you for trial before the Royal Court, you may not be
allowed at that trial either to give evidence yourself of an alibi, or to call
witnesses on your behalf in support of an alibi, unless you have first given
particulars of the alibi.
You may give those
particulars to me, during or at the end of these proceedings before me.
Or you may give them in
writing to the Attorney General, not later than 7 days after the end of these
proceedings before me.”.
(2) However,
the Magistrate need not give that warning if, having regard to the nature of
the offence with which the accused is charged, it is unnecessary to do so.
(3) Where
the Magistrate has given the warning, and the accused is subsequently committed
for trial before the Royal Court, the Judicial Greffier shall at the end of the
proceedings before the Magistrate give the accused a written notice in the form
set out in the Schedule to these Rules.
2 Citation
These Rules may be cited
as the Criminal Procedure (Alibis) (Jersey) Rules 1999.
SCHEDULE
(Rule
1(3))
PARTICULARS OF ALIBI
In the Magistrate’s
Court of Jersey
To A.B. of
If you wish to raise an
alibi in your defence at your trial before the Royal Court, you should read
this carefully.
If you intend to consult a
lawyer, you should show this to him or her at once.
Article 6 of the Criminal Justice
(Evidence and Procedure) (Jersey) Law 1998 says that an accused person
who is tried before the Royal Court shall not give evidence himself or herself of
an alibi, or call other witnesses to give evidence of the alibi, unless –
(a) the accused has given particulars of the
alibi and of the witnesses, as required by that Article; or
(b) the accused obtains the leave of the Royal
Court for the evidence of the alibi to be given.
To comply with Article 6,
the accused must do the following things –
(1) Give
notice of the particulars to the Magistrate (the time for doing this has passed
in your case), or to the Attorney General before the end of the period of 7
days immediately following the committal by the Magistrate to the Royal Court
for trial; and
(2) Include
in the notice the particulars of the alibi, and the names and addresses of any
witnesses whom the accused proposes to call to give evidence of the alibi.
If the accused is unable
to give the name and address of a witness in the notice, the accused must
include in it any information in his or her possession that might help to find
the witness, and the accused must take all reasonable steps to enable the name
and address to be discovered.
If the name or address of
a witness was not included in the notice but the accused subsequently discovers
the name or address or other information that might help find the witness, the
accused must immediately give notice to the Attorney General of the name,
address or other information.
If the accused is notified
by or on behalf of the Attorney General that a witness has not been traced by
the name or at the address given by the accused, the accused must forthwith
give notice to the Attorney General of any information then in his or her
possession or subsequently received by him or her that might help to find the
witness.
Any notice that is to be
given by the accused under Article 6 to the Attorney General must be in
writing; and may be delivered to the Attorney General, or left at the Attorney
General’s office, or sent in
a registered letter or by the recorded delivery service addressed to the
Attorney General at his or her office, or transmitted to him or her by
electronic means.
“Evidence of an
alibi” means evidence tending to show that, by reason of the presence of
the accused 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 where the offence
is alleged to have been committed, at the time of its alleged commission.
The address of the
Attorney General is the Law Officers’ Department, Third Floor, Morier
House, Halkett Place, St. Helier, Jersey JE1 1DD.