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EVIDENCE OF ALIBI ACT (NORTHERN IRELAND) 1972

EVIDENCE OF ALIBI ACT (NORTHERN IRELAND) 1972 - LONG TITLE

An Act to amend the law relating to the giving in criminal
proceedings of evidence in support of alibis; and for connected
purposes.
[22nd February 1972]
Notice of alibi.

EVIDENCE OF ALIBI ACT (NORTHERN IRELAND) 1972 - SECT 1

1.(1) The accused shall not without the leave of the court on the
trial of any offence adduce evidence, or call any witness to give
evidence, in support of an alibi unless he gives notice of
particulars of the alibi in accordance with subsection (2)

(a)in the case of a trial on indictment, subject to paragraph (b),
within seven days from the end of the committal proceedings or, if
the trial is to commence within the seven days, not later than
twenty-four hours after the end of the committal proceedings;

Para.(b) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

(c)in the case of a summary trial, not later than the commencement
of the trial and the prosecutor shall be entitled to an adjournment
of the proceedings if the notice is given less than three days
before such commencement.

(2) For the purposes of this section a notice of particulars of an
alibi is a notice which

(a)gives particulars of the alibi;

(b)gives the name and address of each witness to be called in
support of the alibi or, if the name or address of any witness is
not known to the accused at the time that he gives the notice,
any information in his possession which might be of material
assistance in finding the witness.

(3) A notice of particulars of an alibi shall not be deemed to
comply with subsection (2) unless

(a)where the name and address of a witness is not included in the
notice, the accused gives notice of

(i)the name and address (or either of them); or

(ii)any other information which might be of material assistance in
finding the witness,

(a)as soon as the accused becomes aware of, or receives, the same;

(b)where 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, the accused gives notice of any such information
which is then in his possession or, on subsequently receiving any
such information as is mentioned in paragraph (a)(ii) forthwith gives
notice of it.

(4) Leave shall not be refused under subsection (1) if it appears
to the court that the accused was not informed of the requirements
of this section at the time when he was charged with the offence
upon which he is being tried (or with any other offence arising
out of the same facts as those giving rise to the offence upon
which he is being tried).

(5) Subject to the directions of the court as to when it is to
be given, any evidence tendered to rebut an alibi may be given
before or after evidence is given in support of the alibi.

(6) Any notice purporting to be given under this section on behalf
of the accused by his solicitor shall, unless the contrary be
proved, be deemed to be given with the authority of the accused.

(7) A notice of the particulars of an alibi for the purposes of
this section shall be given in writing

(a)in the case of a trial on indictment, to [the prosecutor or]
the solicitor for the prosecutor;

(b)in the case of a summary trial, to such person as may be
prescribed by magistrates' court rules, or, if no such person is
prescribed, to any person designated in the summons or warrant as
the complainant, or to the solicitor for the person so designated.

(8) Without prejudice to section 24 of the Interpretation Act
(Northern Ireland) 1954, a notice required by this section to be
given to the solicitor for the prosecutor may be given by leaving
the notice at his office.

(9) 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.

EVIDENCE OF ALIBI ACT (NORTHERN IRELAND) 1972 - SECT 2
Short title.

2. This Act may be cited as the Evidence of Alibi Act (Northern
Ireland) 1972.