sec.68Evidence of home-brew concentrate by label

### sec.68 Evidence of home-brew concentrate by label This section applies if, in a proceeding for an offence against section 38 (2) (c) or (3) (c) , it is relevant to prove that a substance in the possession of a person was home-brew concentrate. In the absence of proof to the contrary, the substance is proved to be home-brew concentrate if— there is evidence that the container containing the substance had a label indicating the substance was home-brew concentrate; and a police officer gives evidence that the police officer believes the container contained home-brew concentrate; and the court considers the belief mentioned in paragraph (b) to be reasonably held. In this section— home-brew concentrate has the same meaning as in part 5 . label , in relation to a container, includes any tag, statement in writing, representation or other descriptive matter on or attached to or used or displayed in connection with the container. s 68 prev s 68 ins 1990 No. 104 s 13 om 2004 No. 37 s 86 sch 1 pres s 68 ins 2004 No. 38 s 13 amd 2008 No. 30 s 12 (sec.68-ssec.1) This section applies if, in a proceeding for an offence against section 38 (2) (c) or (3) (c) , it is relevant to prove that a substance in the possession of a person was home-brew concentrate. (sec.68-ssec.2) In the absence of proof to the contrary, the substance is proved to be home-brew concentrate if— there is evidence that the container containing the substance had a label indicating the substance was home-brew concentrate; and a police officer gives evidence that the police officer believes the container contained home-brew concentrate; and the court considers the belief mentioned in paragraph (b) to be reasonably held. (sec.68-ssec.3) In this section— home-brew concentrate has the same meaning as in part 5 . label , in relation to a container, includes any tag, statement in writing, representation or other descriptive matter on or attached to or used or displayed in connection with the container. - (a) there is evidence that the container containing the substance had a label indicating the substance was home-brew concentrate; and - (b) a police officer gives evidence that the police officer believes the container contained home-brew concentrate; and - (c) the court considers the belief mentioned in paragraph (b) to be reasonably held.