Section 367A — Crimes Act 1961: Notice of alibi

367A Notice of alibi (1) On the trial of any accused person who has been committed for trial, he shall not without the leave of the Court adduce evidence in support of an alibi unless, before the expiry of 14 days after the date on which he is so committed, he has given notice of particulars of the alibi. (2) Without prejudice to subsection (1) of this section, 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 that subsection includes the name and address of the witness or, if the name or address is not known to the accused when he gives the notice, any information in his possession that might be of material assistance in finding the witness: (b) If the name or the address is not included in the notice, the Court is satisfied that before giving the notice the accused took all reasonable steps to ensure that the name or address would be ascertained, and that after giving the notice he continued to take all such steps: (c) If the name or the address is not included in the notice, but the accused subsequently discovers the name or address or receives other information that might be of material assistance in finding the witness, he forthwith gives notice of the name, address, or other information, as the case may require: (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 the address given, he forthwith gives notice of any such information which is 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 given notice, in accordance with section 168A of the Summary Proceedings Act 1957 , 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 when 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 counsel 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) of this section shall either be given in Court during or at the end of the preliminary hearing before the District Court or be given in writing to the prosecutor; and a notice under paragraph (c) or paragraph (d) of subsection (2) of this section shall be given in writing to the prosecutor. (7) A notice to the prosecutor under this section shall be given— (a) In the case of a prosecution on behalf of the Crown, by delivering it to a Crown solicitor, or by leaving it at his office, or by sending it by registered letter addressed to him at his office: (b) In the case of a private prosecutor represented by counsel, by delivering it to such counsel, or by leaving it at his office, or by sending it by registered letter addressed to him at his office: (c) In the case of a private prosecutor not represented by counsel, by delivering it to him, or by leaving it for him at his place of residence with a member of his family living with him and appearing to be of or over the age of 18 years, or by sending it by registered letter addressed to him at his last known or usual place of residence or at his place of business. (8) In this section, the expression 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. Compare: Criminal Justice Act 1967, s 11 (UK) Section 367A was inserted, as from 1 January 1974, by section 11(1) Crimes Amendment Act 1973 (1973 No 118). Section 367A was amended, as from 1 April 1980, pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125) by substituting the words “ District Court ” for the words “ Magistrate's Court ” .