sec.36Evidentiary provisions

### sec.36 Evidentiary provisions In a proceeding for the purposes of this Act— a certificate purporting to be signed by the director of public prosecutions or, as the case may be, deputy director of public prosecutions or person duly authorised by the director or deputy director setting forth— that a notice has been given to a specified person at a specified address and the contents of such notice; or that a notice has or has not been received by the director of public prosecutions or, as the case may be, deputy director of public prosecutions or, where the director of public prosecutions or, as the case may be, deputy director of public prosecutions has authorised another person to sign a certificate, that other person from a specified person and, where the certificate relates to the receipt of the notice, the contents of such notice; shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; and a document purporting to be or to be a copy of— an undertaking; or a declaration of forfeiture made by a court of an undertaking; or an order made by a court in consequence of a forfeiture by that court of an undertaking with respect to a surety, deposit of money or security; or a certificate containing particulars of the respects in which an undertaking has not been complied with; or an enlargement or variation of an undertaking; in any case purporting to be certified by an officer of the court having custody of the document to be or relate to the undertaking with which it is alleged in the proceeding the defendant has failed to comply shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; and where an officer of the court does not have knowledge of the respects in which a defendant has failed to comply with his or her undertaking—an affidavit, or a document purporting to be a copy of an affidavit, sworn by a person having that knowledge shall be evidence, and in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; and it shall not be necessary to prove the appointment or signature of the director of public prosecutions or, as the case may be, deputy director of public prosecutions or other authorised person; and a bench charge sheet purporting to be a bench charge sheet referred to in section 14 (2) and (3) shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of all matters recorded therein that are relevant to the proceeding. s 36 amd 1988 No. 105 s 27 ; 2007 No. 37 s 8 sch ; 2010 No. 42 s 15 sch - (a) a certificate purporting to be signed by the director of public prosecutions or, as the case may be, deputy director of public prosecutions or person duly authorised by the director or deputy director setting forth— (i) that a notice has been given to a specified person at a specified address and the contents of such notice; or (ii) that a notice has or has not been received by the director of public prosecutions or, as the case may be, deputy director of public prosecutions or, where the director of public prosecutions or, as the case may be, deputy director of public prosecutions has authorised another person to sign a certificate, that other person from a specified person and, where the certificate relates to the receipt of the notice, the contents of such notice; shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; and - (i) that a notice has been given to a specified person at a specified address and the contents of such notice; or - (ii) that a notice has or has not been received by the director of public prosecutions or, as the case may be, deputy director of public prosecutions or, where the director of public prosecutions or, as the case may be, deputy director of public prosecutions has authorised another person to sign a certificate, that other person from a specified person and, where the certificate relates to the receipt of the notice, the contents of such notice; - (b) a document purporting to be or to be a copy of— (i) an undertaking; or (ii) a declaration of forfeiture made by a court of an undertaking; or (iii) an order made by a court in consequence of a forfeiture by that court of an undertaking with respect to a surety, deposit of money or security; or (iv) a certificate containing particulars of the respects in which an undertaking has not been complied with; or (v) an enlargement or variation of an undertaking; in any case purporting to be certified by an officer of the court having custody of the document to be or relate to the undertaking with which it is alleged in the proceeding the defendant has failed to comply shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; and - (i) an undertaking; or - (ii) a declaration of forfeiture made by a court of an undertaking; or - (iii) an order made by a court in consequence of a forfeiture by that court of an undertaking with respect to a surety, deposit of money or security; or - (iv) a certificate containing particulars of the respects in which an undertaking has not been complied with; or - (v) an enlargement or variation of an undertaking; - (ba) where an officer of the court does not have knowledge of the respects in which a defendant has failed to comply with his or her undertaking—an affidavit, or a document purporting to be a copy of an affidavit, sworn by a person having that knowledge shall be evidence, and in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; and - (c) it shall not be necessary to prove the appointment or signature of the director of public prosecutions or, as the case may be, deputy director of public prosecutions or other authorised person; and - (d) a bench charge sheet purporting to be a bench charge sheet referred to in section 14 (2) and (3) shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of all matters recorded therein that are relevant to the proceeding. - (i) that a notice has been given to a specified person at a specified address and the contents of such notice; or - (ii) that a notice has or has not been received by the director of public prosecutions or, as the case may be, deputy director of public prosecutions or, where the director of public prosecutions or, as the case may be, deputy director of public prosecutions has authorised another person to sign a certificate, that other person from a specified person and, where the certificate relates to the receipt of the notice, the contents of such notice; - (i) an undertaking; or - (ii) a declaration of forfeiture made by a court of an undertaking; or - (iii) an order made by a court in consequence of a forfeiture by that court of an undertaking with respect to a surety, deposit of money or security; or - (iv) a certificate containing particulars of the respects in which an undertaking has not been complied with; or - (v) an enlargement or variation of an undertaking;