Criminal Procedure Code · s 117A

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117A.
Notice of alibi
(1) In any trial, 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 (I), on any such trial the accused shall not without the leave of the Court call any other person to give evidence in support of an alibi unless -
(a) the notice under subsection (1) includes -
(i) the name and address of the witness; or
(ii) if the name and 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 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 forthwith gives notice of the name, address or other information, as the case may be;
(d) if the accused is notified by or on behalf of the prosecutor that the witness has not been traced by the name or at

Criminal Procedure Code 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) The Court shall not refuse leave under this section if it appears to the Court that the accused was not informed of the requirement of this section.
(4) Any evidence tenders to disprove an alibi may, subject to any direction 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 advocate or 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 committal proceedings or be given in writing to the prosecutor, and a notice under subsection (2)(c) or (d) shall be given in writing to the prosecutor.
(7) A notice required by this section to be given to the prosecutor may be given by delivering it to the Attorney General or by leaving it at the
Attorney General's ofice, or by sending it by registered post addressed to the
Attorney General 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;
"prescribed period" means the period expiring not less than 10 days prior to the commencement of the trial.
(9) In computing the prescribed period, there shall be disregarded any day which is a public holiday.

Criminal Procedure Code
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s 117ANotice of alibi

(1)

In any trial, 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 (I), on any such trial the accused shall not without the leave of the Court call any other person to give evidence in support of an alibi unless -

(a)

the notice under subsection (1) includes -

(i)

the name and address of the witness; or

(ii)

if the name and 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 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 forthwith gives notice of the name, address or other information, as the case may be;

(d)

if the accused is notified by or on behalf of the prosecutor that the witness has not been traced by the name or at

(3)

The Court shall not refuse leave under this section if it appears to the Court that the accused was not informed of the requirement of this section.

(4)

Any evidence tenders to disprove an alibi may, subject to any direction 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 advocate or 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 committal proceedings or be given in writing to the prosecutor, and a notice under subsection (2)(c) or (d) shall be given in writing to the prosecutor.

(7)

A notice required by this section to be given to the prosecutor may be given by delivering it to the Attorney General or by leaving it at the

Attorney General's ofice, or by sending it by registered post addressed to the

Attorney General 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;

"prescribed period" means the period expiring not less than 10 days prior to the commencement of the trial.

(9)

In computing the prescribed period, there shall be disregarded any day which is a public holiday.