What is the Defence of Alibi?
An Alibi is a defence to a criminal charge where a person who is accused of committing a crime seeks to show that they were not present at the particular place or area where the crime took place, as they were somewhere else at the time it occurred. Therefore, by having an Alibi, an Accused person is seeking to show that they could not have committed the crime as they were elsewhere at the time that the offence was committed.
How is an Alibi raised?
To raise the defence of Alibi, an Accused person cannot simply state that he was not present at the place where the crime took place. The Accused person must provide evidence showing that they were elsewhere at the specific time that the offence was committed. Therefore, by establishing the defence of Alibi, the Accused person is suggesting that the State’s witnesses are either mistaken or lying when they put the Accused person on the scene of the crime when it took place.
An Accused person can raise evidence of an Alibi by giving sworn evidence or calling witnesses to support their alibi at trial. An Alibi can also be raised by presenting physical evidence such as video footage, receipts, plane tickets or immigration documents if they were out of the country, or even medical documents if they were in the hospital.
When is an Alibi supposed to be given?
Once an Accused person intends to rely on Alibi in a High Court trial, there is an obligation to give the details of their alibi. For serious matters under the Administration of Justice (Indictable Proceedings) Act (AJIPA) the Accused must file their Notice of Alibi outlining the particulars of the alibi before or at the date of the sufficiency hearing. Even if you gave the police details of your Alibi during the investigation of the matter, and you were subsequently charged, you ought to file your Notice of Alibi.
The Notice of Alibi should contain the following details, once known by the accused person:
- The time and place where the Accused was at the time the crime was committed; and
- The name and address of any witnesses who can provide evidence that the Accused person was present at the place stated, or any information that assists in finding these witnesses, such as a contact number, email, or address.
At the initial hearing before the Master, the Accused ought to be given an Alibi Warning which informs the Accused that the details of the alibi must be given to a Master of the High Court at the Sufficiency Hearing or to the Office of the Director of Public Prosecutions, in writing, within twenty-eight (28) days of the warning.
Why is an Alibi supposed to be given in advance of a Trial?
When an alibi is raised by an Accused person, the State must prove that the alibi given by the Accused person is false at trial. Therefore, once an Accused person provides the details of their alibi as stipulated by the Act, the State is given enough time to investigate the alibi.
Once the details of an alibi are given to the State, the Police will then investigate the alibi by:
- Making checks at the particular place where the Accused person claimed to be present at the time the crime occurred;
- Inspecting any physical evidence provided by the Defence; and
- Interviewing and requesting statements from the witnesses named by the Accused person.
Once the investigation is complete, the Police will then provide the State with the relevant information who would then be required to determine whether it is still worth proceeding to trial or whether they can prove at trial, that the Accused person’s alibi is false.
What are the consequences of not giving an Alibi as required under the Act?
The failure of an Accused person to provide the details of their alibi in the time frame set by the Act may cause the Court to deny the Accused person from relying on the defence of alibi altogether at their trial. As such, any attempt by an Accused person to provide the State with their alibi at the trial only may cause them to lose the ability to do so at trial.
If an Accused person does not give the details of their alibi in the required timeframe, they must make an application to the Court seeking its permission to give evidence in support of their alibi. However, if, upon an application being made by an Accused person, the Court gives an Accused person permission to give evidence in support of their alibi, the Court must provide the State with enough time to investigate and test the Accused person’s alibi before starting the trial.
Conclusion
In conclusion, an alibi serves as a vital defence in criminal proceedings, allowing the accused to demonstrate that they were elsewhere at the time of the alleged offence. It is also critical to submit your notice of alibi in a timely manner to ensure that you can rely on same.
Submitted by:
Michael Modeste
Public Defender I
Public Defenders’ Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email:
Website: www.laaa.org.tt
