What is a Form 48 notice of alibi?

Form 48 is the prescribed form used in Queensland to notify the prosecution that you intend to rely on an alibi at trial. It sets out the substance of the alibi evidence and identifies any witnesses you intend to call, including their details, so the prosecution can make its own enquiries before the trial starts.

How long do I have to give notice of an alibi in Queensland?

Fourteen days after the matter is committed for trial. Section 590A of the Criminal Code (Qld) sets that period. The Commissioner of Police or the court can be asked about late notice, but you should not plan on an extension being allowed, because the court can simply refuse to receive the evidence.

Do I need to give notice of alibi in the Magistrates Court?

Not strictly. The section 590A notice requirement applies where a matter is committed for trial. For summary matters that stay in the Magistrates Court there is no equivalent obligation, although telling the prosecution early is often a practical advantage because it can prompt them to review the charge.

Can an alibi witness be a family member?

Yes. There is no rule preventing a partner, parent or friend from giving alibi evidence. The tribunal of fact will weigh it, and evidence from someone with an obvious interest in the outcome will usually be tested harder than an independent record such as CCTV, phone data or a card transaction. Independent material alongside the witness helps.

Crime

How alibis work in Queensland

Published 21 December 2023

What an alibi actually is

An alibi is evidence that you could not have committed the offence because you were somewhere else when it happened. If a witness can say you were in Brisbane at 7pm on Sunday, and the offence was committed in Ipswich at 7.05pm the same night, the physical impossibility does the work.

Strictly, the alibi is the evidence, not the person giving it. People commonly call the witness "an alibi", and nobody is confused by that, but the distinction matters when you are working out what you actually have to put before a court.

A truthful witness is not automatically enough

The time and place of an alleged offence are often not pinned down precisely. Police may allege an assault occurred sometime between midnight and 6am. If your witness can only say where you were at 10pm the night before and 7am the next morning, they have not covered the window that matters.

So do not assume that one honest witness will end the matter, cause police to discontinue, or carry a defence on its own. The question is always whether the evidence covers the period the prosecution says the offence occurred.

Building an alibi from more than one source

Where a single witness leaves a gap, other material can close it. Phone records, location data, bank and card statements, CCTV, transport records and secondary witnesses can often be pieced together to account for the intervening hours.

As a general rule, the more independent evidence there is placing you somewhere other than the scene at the relevant time, the stronger the position.

You do not have to prove your innocence

Raising an alibi does not shift the burden of proof. The prosecution still has to prove every element of the offence beyond reasonable doubt. You are not obliged to prove where you were.

That said, if you intend to run a positive alibi case, the notice rules apply and there are consequences for ignoring them.

When and how to give notice

Notice must be given to the prosecution within 14 days after the matter is committed for trial. It is given by completing the prescribed form, Form 48 Notice of Alibi, which your solicitor will normally prepare.

The form requires you to set out the alibi evidence you intend to rely on, including the names and details of any witnesses you intend to call. The point of the rule is to give the prosecution a fair chance to investigate the claim before trial rather than at trial.

Notice is not strictly required for matters that stay in the Magistrates Court. Giving it anyway is usually sensible, because it puts the prosecution to the task of testing the alibi early, which sometimes ends the matter.

What happens if you do not give notice

Your trial may be adjourned so the prosecution can investigate, which delays everything.
The court may refuse to admit the alibi evidence at all.
Late notice invites the suggestion that the alibi was constructed after the fact, which is a question you will then have to answer in front of the tribunal of fact.

Given what is usually riding on alibi evidence, none of those are risks worth taking. If you think you have an alibi, raise it with your solicitor early so the material can be gathered while it still exists. CCTV in particular is often overwritten within weeks.

Last reviewed 3 August 2026 by the TWC Lawyers team. Queensland penalty units and court fees are indexed on 1 July each year. Check current figures before you rely on them, or ask us.