| |
Trial Procedure
|
|
|
Notice of alibi in trials on indictment.
|
20.—(1) On a trial on indictment for an offence committed after the commencement of this section the accused shall not without the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi.
|
|
| |
(2) Without prejudice to subsection (1), on any such trial the accused shall not without the leave of the court call any other person (in this section referred to as the witness) to give such evidence unless—
|
|
| |
(a) the notice under that subsection includes the name and address of the witness or, if the name or address is not known to the accused at the time he gives the notice, any information in his possession which might be of material assistance in finding the witness,
|
|
| |
(b) if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained,
|
|
| |
(c) if the name or the address is not included in that notice, but the accused subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he gives notice forthwith of the name, address or other information, as the case may be, and
|
|
| |
(d) if the accused is notified by or on behalf of the prosecution that the witness has not been traced by the name or at the address given, he gives notice forthwith of any such information which is then in his possession or, on subsequently receiving any such information, gives notice of it forthwith.
|
|
| |
(3) The court shall not refuse leave under this section if it appears to the court that the accused was not informed of the requirements of this section—
|
|
| |
(a) by the District Court when he was sent forward for trial, or
|
|
| |
(b) by the trial court when, on being sent forward by the District Court for sentence, he changed his plea to one of not guilty, or
|
|
| |
(c) where he was brought before a Special Criminal Court for trial under section 47 of the Act of 1939, by the Court when it fixed the date of trial.
|
|
| |
(4) Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after evidence is given in support of the alibi.
|
|
| |
(5) Any notice purporting to be given under this section on behalf of the accused by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
|
|
| |
(6) A notice under subsection (1) shall either be given in court during, or at the end of, the preliminary examination of the offence concerned or be given in writing to the solicitor for the prosecution, and a notice under paragraph (c) or (d) of subsection (2) shall be given in writing to that solicitor.
|
|
| |
(7) A notice required by this section to be given to the solicitor for the prosecution may be given by delivering it to him or by leaving it at his office or by sending it to him by registered post at his office.
|
|
| |
(8) In this section—
|
|
| |
“evidence in support of an alibi” means evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;
|
|
| |
“the prescribed period” means—
|
|
| |
(a) the period of fourteen days from the end of the preliminary examination referred to in subsection (6), or
|
|
| |
(b) where the accused waives a preliminary examination, the period of fourteen days from the date of the waiver, or
|
|
| |
(c) where the accused, on being sent forward for sentence, changes his plea to one of not guilty, the period of fourteen days from the date on which he does so, or
|
|
| |
(d) where the accused is brought before a Special Criminal Court for trial under section 47 of the Act of 1939, such period as is fixed by the Court when the Court fixes the date of trial.
|
