98Evidence of results of analysis

#### 98 Evidence of results of analysis (1) Subject to subsection (3), in any proceedings under this Code, a certificate of an approved analyst in the approved form stating, in respect of a sample of a substance in relation to which the offence is alleged to have been committed, any of the following: (a) that the analyst signing the certificate is an approved analyst; (b) when and from whom the sample of the substance was received; (c) what, if any, labels or other means of identifying the sample of the substance accompanied it when it was received; (d) what container or containers the sample of the substance was contained in when it was received; (e) a description of the sample of the substance received; (f) when the sample of the substance, or a portion of it, was analysed; (g) a description of the method of analysis; (h) the results of the analysis; (i) how the sample of the substance was dealt with after handling by the analyst, including details of: (i) the quantity kept; and (ii) the name of the person, if any, to whom any quantity so kept was given; and (iii) measures taken to secure any quantity so kept; is admissible as prima facie evidence of the matters stated in the certificate and, if the certificate states the results of the analysis, of the correctness of those results. (2) Unless the contrary is proved, a document purporting to be a certificate under subsection (1) is taken to be such a certificate and to have been duly given. (3) A certificate must not be admitted in evidence under subsection (1) in proceedings for an offence unless: (a) the person charged with the offence or a barrister or solicitor who has appeared for the person in those proceedings has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings; or (b) reasonable efforts were made to give the copy and notice as required by paragraph (a) but those efforts were unsuccessful. (4) Subject to subsection (5), if, under subsection (1), a certificate of an analyst is admitted in evidence in a proceeding for an offence, the person charged with the offence may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if he or she had given evidence of the matters stated in the certificate. (5) Subsection (4) does not entitle a person to require an analyst to be called as a witness for the prosecution unless: (a) the prosecutor has been given at least 4 days’ notice of the person’s intention to require the analyst to be so called; or (b) the court, by order, allows the person to require the analyst to be so called. (6) This section applies in respect of a substance seized under an investigation warrant in the same way as it applies in respect of a sample of a substance taken under section 131A or 132A and references in this section to a sample or to a substance from which a sample was taken include references to a substance so seized.