368ANotice of alibi

368A Notice of alibi

[Section 368A Inserted by No. 30 of 1973, s. 25 ][Section 368A Amended by No. 72 of 1993, s. 4 ][Section 368A Amended by No. 72 of 1994, s. 7 ]

(1)  On a trial on indictment the defendant 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 a trial on indictment the defendant shall not without the leave of the court call any other person to give any such evidence as is referred to therein 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 defendant 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 defendant, 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 defendant subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he forthwith gives notice of the name, address or other information, as the case may be; and

(d) if the defendant is notified by or on behalf of the Director of Public Prosecutions that the witness has not been traced by the name or at the address given, he forthwith gives notice of any such information which is then in his possession or, on subsequently receiving any such information, forthwith gives notice of it.

(3)  [Section 368A Amended by No. 22 of 2007, s. 24, Applied:01 Feb 2008] The court shall not refuse leave under this section if it appears to the court that the defendant was not informed, either in accordance with section 331B , or in writing by the Director of Public Prosecutions, of the requirements of this section.

(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.