Syariah Courts Criminal Procedure Code · s 338

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338.
Notice of alibi
(1) In any trial, the accused shall not without the leave of the Syariah
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 subsectioii (1). on any such trial the accused shall not without the leave of the Syariah Court call any other person to give evidence in support of an alibi unless -
(a) the notice under subsection (1) includes the name and address of the witness or, 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
Syariah 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 shall forthwith gives notice of the name, address or other information, as the case may be;

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Criminal Procedure Code
(d) if the accused is notified by or on behalf of the Syar'ie
Prosecutor that the witness has not been traced by the name or at the address given, he shall forthwith gives notice of any such information, which is then in his possession if any or, on subsequently receiving any such information, he shall forthwith gives notice of it.
(3) The Syariah Court shall not refuse leave under this section if it appears to the Syariah Court that the accused was not informed of the requirements of this section.
(4) Any evidence tendered to disprove an alibi may, subject to any direction by the Syariah Court as to the time the evidence is to 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 Syar'ie Lawyer 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 Syariah
Court during or at the end of the committal proceedings or be given in writing to the Syar'ie Prosecutor, and a notice under subsection (2)(c) or (d)
shall be given in writing to the Syar'ie Prosecutor.
(7) A notice required by this section to be given to the Syar'ie
Prosecutor may be given by delivering it to the Chief Syar'ie Prosecutor or by leaving it at the Chief Syar'ie Prosecutor's office or by sending it by registered post addressed to the Chief Syar'ie Prosecutor at his ofice.
(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 or area where the offence is alleged to have been committed at the time of its alleged commission;
"the 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.
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Syuriah Courts
Criminal Procedure Code
CAP. 224 185
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s 338Notice of alibi

(1)

In any trial, the accused shall not without the leave of the Syariah

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 subsectioii (1). on any such trial the accused shall not without the leave of the Syariah Court call any other person to give evidence in support of an alibi unless -

(a)

the notice under subsection (1) includes the name and address of the witness or, 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

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

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Criminal Procedure Code

(d)

if the accused is notified by or on behalf of the Syar'ie

Prosecutor that the witness has not been traced by the name or at the address given, he shall forthwith gives notice of any such information, which is then in his possession if any or, on subsequently receiving any such information, he shall forthwith gives notice of it.

(3)

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

(4)

Any evidence tendered to disprove an alibi may, subject to any direction by the Syariah Court as to the time the evidence is to 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 Syar'ie Lawyer 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 Syariah

Court during or at the end of the committal proceedings or be given in writing to the Syar'ie Prosecutor, and a notice under subsection (2)(c) or (d)

shall be given in writing to the Syar'ie Prosecutor.

(7)

A notice required by this section to be given to the Syar'ie

Prosecutor may be given by delivering it to the Chief Syar'ie Prosecutor or by leaving it at the Chief Syar'ie Prosecutor's office or by sending it by registered post addressed to the Chief Syar'ie Prosecutor at his ofice.

(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 or area where the offence is alleged to have been committed at the time of its alleged commission;

"the 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.

•

Syuriah Courts

Criminal Procedure Code

CAP. 224 185

Disposal y f property su bject of offences