Duty To Disclose
In some legal jurisdictions there may be a requirement that the accused disclose an alibi defence prior to the trial. This is an exception to the rule that a criminal defendant cannot normally be compelled to furnish information to the prosecution. Since the alibi involves evidence of innocence rather than guilt, the privilege against self-incrimination is not implicated.
In Canada, the defence must disclose an alibi defence with sufficient time for the authorities to investigate the alibi, and with sufficient particularization to allow for a meaningful investigation. Failure to comply with the two requirements will result in the court making an adverse inference against the alibi defence (but will not result in the exclusion of the alibi defence).
Conversely, some judges in other jurisdictions have held the opinion that the mandatory early disclosure of alibis is unfair, possibly even unconstitutional.
Read more about this topic: Alibi
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