Road Traffic Act 2010
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Evidential matters. |
25.— (1) In any proceedings against a person for an offence under section 24 (2), a written statement by a member of the Garda Síochána in respect of the making of a requirement under section 24 (1) or carrying out an examination under that subsection or both shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be sufficient evidence of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member with the requirements imposed on him or her under section 24 (1). | |
(2) The conditions referred to in subsection (1) are— | ||
(a) the statement purports to be signed by the member of the Garda Síochána who made it, | ||
(b) the statement contains a declaration by that member of the Garda Síochána to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and | ||
(c) a copy of the statement is served on the accused. | ||
(3) A copy of a statement required by this section to be served on a person may, be served— | ||
(a) by delivering it to him or her, | ||
(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or | ||
(c) by sending it by registered post to him or her at his or her usual or last known residence or place of business. | ||
(4) A duly completed statement purporting to have been made under section 24 (3) shall, until the contrary is shown, be sufficient evidence under the Road Traffic Acts 1961 to 2010 of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the designated doctor or designated nurse concerned with the requirements imposed on him or her under section 24 (1). | ||
(5) In a prosecution for an offence under section 24 (2) it shall be presumed until the contrary is shown that the person— | ||
(a) who carried out a medical examination of a person under section 24 (1), or | ||
(b) for whom, following a requirement under section 24 (1) there was a refusal or failure to undergo a medical examination, | ||
is a designated doctor or designated nurse. | ||
(6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. |