51VUse of random sample evidence in child abuse material cases

51V Use of random sample evidence in child abuse material cases

(1) An authorised classifier, in connection with any proceeding for a child abuse material offence, may conduct an examination of a random sample of seized material.

(2) In the proceeding for the child abuse material offence concerned, evidence adduced by the prosecution of any of the authorised classifier's findings as to the nature and content of the random sample is admissible as evidence of the nature and content of the whole of the material from which the random sample was taken.

(3) Accordingly, it is open to a court to find that any type of child abuse material found by an authorised classifier to be present in a particular proportion in the random sample is present in the same proportion in the material from which the random sample was taken.

(4) A certificate of an authorised classifier that certifies the following is admissible in proceedings for a child abuse material offence as evidence of the matters certified—

(a) that the authorised classifier conducted an examination of a random sample of seized material;

(b) the findings of the authorised classifier as to the nature and content of the random sample.

(5) A certificate signed by a person purporting to be an authorised classifier is, in the absence of evidence to the contrary, taken to be a certificate of an authorised classifier.

(6) Evidence is admissible under this section only if the court is satisfied that an Australian legal practitioner representing the accused, or the accused, has been given a reasonable opportunity to inspect the seized material.

(7) This section does not affect the operation of any provision of the Criminal Procedure Act 2009 that restricts inspection by an accused of evidence that is child abuse material.

See sections 46(3), 125(3) and 185A of the Criminal Procedure Act 2009.

(8) The regulations may make further provision for or with respect to the taking and admissibility of random sample evidence under this section, including by providing for—

(a) the circumstances or classes of case in which the prosecutor may adduce evidence of the findings of an authorised classifier under this section; and

(b) the procedure for taking and examining random samples of material; and

(c) any further requirements as to the content of a certificate of an authorised classifier.

seized material, in relation to a proceeding for a child abuse material offence, means material—

(a) that came into the possession of a police officer in the course of the exercise of functions as a police officer; and