So what's important here?

Well, it's all important.

But, if I were on a really tight schedule I would have a look at Chapter 8, under the innocuous-sounding title of General.

What will make the Evidence Act 2008 so difficult for generations of legal students to come is that it's natural, given the title it has been given and the way it has been laid out, to assume that it's a one-stop shop on evidence law. And, come to think of it, that's the way it was sold, too.

Then you get to s 8 of that Act and realise that any contradictory provision in any other act is going to have primacy.

So for that reason alone, dip into s 328 through 389 and see how they modify the existing law.

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336A. Victim who is a witness entitled to be present in court

336A. Victim who is a witness entitled to be present in court

(1) In a criminal proceeding where a victim of the offence is a witness in the proceeding, the court may order the victim to leave the courtroom until required to give evidence only if the court considers it appropriate to do so.

(2) Nothing in this section prevents the court from ordering a victim who is a witness to leave the courtroom at any time after giving evidence.

This section was inserted by the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009. It had earlier been introduced into the Evidence Act 1958, according to the amending legislation's Explanatory Memorandum, to, "to support and recognise the role of victims in criminal proceedings".

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318. Order for examination of compellable witness

318. Order for examination of compellable witness

(1) For the purposes of this Part, if the Court of Appeal considers that it is in the interests of justice to do so, the Court of Appeal may order any witness who would have been a compellable witness at the trial to attend and be examined before the court, whether or not the witness was called at the trial.

(2) If the Court of Appeal makes an order under subsection (1), it may order that the examination of the witness be conducted, in accordance with the rules of court, before any person appointed by the Court of Appeal for that purpose.

(3) The Court of Appeal may admit as evidence any deposition of a witness taken in an examination under subsection (2).

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71. Opening address of accused at beginning of case for the accused

71. Opening address of accused at beginning of case for the accused

(1) If the accused intends to give evidence, or to call other witnesses on behalf of the accused, or both, the Magistrates' Court may grant leave to the accused to open the case for the accused if the court considers it appropriate to do so.

(2) If the accused gives an opening address, it must be given before the accused gives evidence or calls any other witnesses.

(3) The Magistrates' Court may limit the length of the opening address of the accused.

(4) The accused is not required to give evidence before any other witness is called on behalf of the accused.

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70. Questioning to determine proper course of proceeding

70. Questioning to determine proper course of proceeding

(1) If the accused intends to call witnesses to give evidence at the hearing, the accused must indicate, when called on by the Magistrates' Court to do so-

(a) the names of those witnesses (other than the accused); and

(b) the order in which those witnesses are to be called.

(2) The accused must not present the case of the accused differently to the way indicated to the Magistrates' Court under subsection (1) without the leave of the court.

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68. Election when accused is not legally represented

68. Election when accused is not legally represented

(1) If the accused is not represented by a legal practitioner, immediately after the close of the case for the prosecution the Magistrates' Court must inform the accused, in a manner that is likely to be understood by the accused that-

(a) the accused has the right to answer the charge and must choose either-

(i) to give sworn evidence, that is, to enter the witness box, take the oath or make an affirmation and say what the accused wants to say in answer to the charge and then to respond to any questions from the prosecution or the court about the evidence of the accused; or

(ii) to say nothing in answer to the charge; and

(b) in either case, the accused may call any witnesses to give sworn evidence for the accused.

(2) After giving the information referred to in subsection (1), the Magistrates' Court must ask the accused what the accused wants to do.

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52. Offence to communicate with alibi witness

52. Offence to communicate with alibi witness

(1) If a person (other than a person referred to in subsection (2)) has been named or referred to as a proposed witness in a notice of alibi given under section 51-

(a) a person acting for the prosecution; or

(b) a member of the police force-

must not communicate with that person directly or indirectly with respect to the charge or any related matter before the conclusion of the proceeding, including any rehearing, without the consent and presence during the communication of-

(c) the legal practitioner representing the accused; or

(d) if not legally represented, the accused.

Penalty: Level 8 imprisonment (1 year maximum)

(2) Subsection (1) does not apply to a person who the accused has been notified may be called as a witness for the prosecution at the summary hearing.

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51. Alibi evidence

51. Alibi evidence

(1) This section applies to an accused on a summary hearing, if the accused is represented by a legal practitioner.

(2) An accused must not, without leave of the court-

(a) give evidence personally; or

(b) adduce evidence from another witness-

in support of an alibi unless the accused has given notice of alibi within the period referred to in subsection (3).

(3) A notice of alibi is given by serving the notice on the prosecutor or the informant-

(a) at least 7 days before the day on which the contest mention hearing is to be held; or

(b) if there is no contest mention hearing, at least 7 days before the summary hearing; or

(c) if the notice is not then in existence, as soon as possible after it comes into existence.

(4) A notice of alibi must be served in accordance with section 392.

(5) A notice of alibi must contain-

(a) particulars as to time and place of the alibi; and

(b) the name and last known address of any witness to the alibi; and

(c) if the name and address of a witness are not known, any information which might be of material assistance in finding the witness.

(6) If the name and address of a witness are not included in a notice of
alibi, the accused must not call that person to give evidence in support of
the alibi unless the court is satisfied that the accused took reasonable steps to ensure that the name and address would be ascertained.

(7) If the accused is notified by the informant that a witness named or
referred to in a notice of alibi has not been traced, the accused must give
written notice to the informant, without delay, of any further information
which might be of material assistance in finding the witness.

(8) The court must not refuse leave under subsection (2) if it appears to the court that the accused was not informed of the requirements of this section.

(9) If-

(a) an accused gives notice of alibi under this section; and

(b) the prosecutor requests an adjournment-

the court must grant an adjournment for a period that appears to the court to be necessary to enable investigation of the alibi unless it appears that to do so would prejudice the proper presentation of the case of the accused.

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