Alibis (ACT)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.

When a person is charged with a criminal offence, they may contest the charge by advancing a legal defence such as self-defence or by relying on a factual defence such as an alibi. An alibi exists where an accused was not at the scene of the alleged offence and can adduce evidence that they were elsewhere. This page deals with alibis in the ACT.

In the Australian Capital Territory, alibi defences are governed by specific procedural requirements under the Criminal Code 1900 (ACT) and established case law principles. Understanding these requirements is crucial for defendants and their legal representatives when mounting an effective defence strategy. An alibi can be one of the most powerful defences available, as it directly challenges the prosecution's case by asserting the accused's physical impossibility to commit the alleged crime.

What is an alibi?

An accused person has an alibi where, at the time the offence was committed they were at a location and therefore could not have committed the offence or would have been very unlikely to have committed the offence.

Elements of a Valid Alibi

For an alibi to be effective in criminal proceedings, several key elements must be established. The defence must demonstrate that the accused was at a specific location at the precise time the alleged offence occurred. This involves presenting credible evidence through witness testimony, documentary proof, or physical evidence such as CCTV footage, receipts, or electronic records.

The strength of an alibi often depends on the reliability and credibility of the supporting evidence. Independent witnesses who have no personal interest in the outcome of the case typically carry more weight than family members or close friends. Documentary evidence such as bank records, phone records, or GPS data can provide particularly compelling support for an alibi claim.

Types of Alibi Evidence

Alibi evidence can take various forms, including witness testimony from individuals who saw the accused at the relevant time, documentary evidence such as receipts or travel records, digital evidence including phone location data or social media posts with timestamps, and CCTV footage showing the accused at a different location. Each type of evidence has its own strengths and potential weaknesses that must be carefully considered when preparing the defence.

Burden of proof

The accused does not have to prove that they were not at the scene of the crime. Once the defendant has raised an alibi, the prosecution must prove that the accused was at the scene of the crime. In other words, the prosecution has the burden of disproving the alibi.

Standard of Proof for Alibis

While the prosecution must disprove an alibi beyond reasonable doubt, the defence only needs to raise evidence that creates a reasonable possibility that the accused was elsewhere. This is a significantly lower threshold than the prosecution's burden. The defence does not need to prove the alibi conclusively, but merely needs to present evidence that raises a reasonable doubt about the accused's presence at the crime scene.

The court will consider all the evidence presented, including any inconsistencies or weaknesses in the alibi evidence. However, minor discrepancies in times or details do not automatically invalidate an alibi, particularly if the core assertion that the accused was elsewhere remains credible.

Notice of alibi

When a person is charged with an offence on indictment in the ACT, and they intend to rely on an alibi, they must give the prosecution notice of the particulars of the alibi within 14 days of being committed for trial (section 288, Criminal Code 1900).

The defence must provide the details of any person they intend to call to give evidence in support of their alibi.

The requirement to provide notice of an alibi exists so that the prosecution has the opportunity to investigate the alibi and adduce evidence to rebut it.

Notice of an alibi must be given to the Director of Public Prosecutions in writing. A copy must also be tendered to the court.

Contents of Alibi Notice

The notice of alibi must contain specific information as required under section 288 of the Criminal Code 1900 (ACT). This includes the particulars of the alibi, specifying where the accused claims to have been at the time of the alleged offence, the time period covered by the alibi, and the names and addresses of any witnesses the defence intends to call in support of the alibi.

The notice should be as detailed as possible to allow the prosecution adequate opportunity to investigate the claims. Vague or incomplete notices may result in the court exercising its discretion to exclude alibi evidence or adjourn proceedings to allow proper investigation.

Where notice of alibi is not given

If the defence raises an alibi in a matter being dealt with on indictment without having given notice of the alibi, the court may disallow the evidence. Alternatively, the court may require the adjournment of the matter so that the alibi can be investigated.

If the defence calls a witness in support of an alibi and the witness's details have not been provided to the prosecution, the court may disallow the evidence. Before doing so, the court will consider how long the accused had had the witness' details and whether they took steps to provide them to the prosecution.

Court's Discretionary Powers

The court has broad discretionary powers when dealing with late or absent alibi notices. Factors the court considers include the reason for the delay, the potential prejudice to the prosecution, the importance of the alibi evidence to the defence case, and whether an adjournment would remedy any unfairness. The court will balance these competing interests when deciding whether to allow late alibi evidence to be presented.

Alibis in the Magistrates Court

There is no formal requirement to provide notice of an alibi in the Magistrates Court or Children's Court. However, the defence is generally expected to do so as a matter of professional courtesy.

Best Practice in Summary Proceedings

Despite the absence of formal notice requirements, legal practitioners should still inform the prosecution of intended alibi evidence well in advance of trial. This practice promotes case management efficiency and demonstrates professional courtesy. It also allows the prosecution time to investigate the alibi and prevents unnecessary adjournments that could delay proceedings.

The importance of dates

Successfully relying on an alibi requires the accused and the defence witnesses to be absolutely certain of the date and time that events occurred. Disproving an alibi also requires establishing that the offence was committed at the precise time and date specified on the charge sheet.

In some cases, a person may be found guilty of an offence even where the precise date and time specified on the charge sheet are incorrect if both parties agree about the surrounding circumstances. In a case where an alibi is advanced, though, as a matter of procedural fairness to the defendant, the prosecution must prove that the offence was committed at the precise date and time specified on the charge.

Challenges with Date and Time Accuracy

Memory can be unreliable, particularly when significant time has passed between the alleged