Criminal Justice (Psychoactive Substances) Act 2010
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Provisions relating to evidence in proceedings under Act. |
18.— (1) Any application under section 8 (other than proceedings under subsection (6) of that section) shall be an application in civil proceedings and shall be determined accordingly. | |
(2) Any statement or admission made by a person in proceedings under section 8 or any finding by a court in those proceedings shall not be admissible as evidence in proceedings brought against the person for an offence under this Act, other than proceedings in relation to an offence under subsection (6) of that section. | ||
(3) It shall be presumed until the contrary is proved in any proceedings under this Act that section 16 has been complied with. | ||
(4) In any proceedings under this Act, a certificate purporting to be signed by a person employed or engaged at a designated laboratory stating the capacity in which that person is so employed or engaged and stating any one or more of the following, namely— | ||
(a) that the person received a sample submitted to the designated laboratory, | ||
(b) that, for such period as is specified in the certificate, the person had in his or her custody a sample so submitted, or | ||
(c) that the person gave to such other person as is specified in the certificate a sample so submitted, | ||
shall, unless the contrary is proved, be evidence of the matters stated in the certificate. | ||
(5) In any proceedings under this Act, a certificate of analysis purporting to be signed by a designated analyst stating any one or more of the following, namely— | ||
(a) that he or she carried out any procedure for the purpose of detecting the presence of any substance in the sample so submitted, or | ||
(b) that the sample concerned contained such substance or such amount thereof as is specified in the certificate, | ||
shall, unless the contrary is proved, be evidence of the matters stated in the certificate. | ||
(6) In any proceedings under this Act a court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under this section be given and the court may, for the purpose of receiving oral evidence, adjourn the proceedings to a later date. | ||
(7) A certificate under this section shall be in such form as may be specified by the Minister. |