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Evidence in relation to certain offences.
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21.—(1) The onus of establishing prima facie proof of a constituent of an offence committed after the commencement of this section (including the speed at which a person, whether the accused or another person, was driving) under section 47, 52, 53, 55, 91, 92, 93 or 94 of the Principal Act or section 35 of the Act of 1994 may be discharged by tendering evidence from which that constituent can be inferred of measurements or other indications which were given by electronic or other apparatus (including a camera) and are contained in a record produced by that apparatus, and it shall not be necessary to prove that the electronic or other apparatus was accurate or in good working order.
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(2) In proceedings for an offence referred to in subsection (1)—
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(a) a document—
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(i) purporting to be, or to be a copy of, a record referred in that subsection and to be signed by a member of the Garda Síochána, and
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(ii) on which is endorsed a statement to the effect that it is, or is a copy of, the record aforesaid,
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shall be prima facie evidence in those proceedings of the indications or measurements contained in the record, and it shall not be necessary to prove the signature on the document or that the signatory was a member of the Garda Síochána, and
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(b) a copy of the document aforesaid shall be furnished to the accused person before the commencement of the trial of the offence.
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(3) The electronic or other apparatus referred to in subsection (1) shall—
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(a) be capable of producing a photograph or other record of the measurements or other indications referred to in that subsection, and
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(b) be of a type that has been approved by—
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(i) the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised in that behalf by the Commissioner, or
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(ii) the chief executive officer of the National Roads Authority or another officer of that Authority duly authorised in that behalf by the first-mentioned officer,
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and it shall not be necessary to prove that the apparatus is of a type so approved.
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(4) In proceedings for an offence referred to in subsection (1), if proof of the offence involves proof of the speed at which a person (whether the accused or another person) was driving, the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed.
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