16Analysis of B sample

16 Analysis of B sample

16 Analysis of B sample

(1) This section applies to the following relevant substances—

(a) a prohibited drug or suspected prohibited drug, if the quantity of the substance is not less than the traffickable quantity for the substance,

(b) a Schedule 9 substance or a psychoactive substance, if a sufficient amount has been retained.

(2) A defendant or accused person in proceedings for an offence relating to a relevant substance may request an analysis of a further sample (a B sample) of the relevant substance.

(3) The request must be made by written notice to a qualified police officer not later than 28 days after a certificate of analysis of the A sample of the relevant substance is served on the defendant or accused person.

(4) The defendant or accused person may request in the notice—

(a) the analysis of the B sample be witnessed by a specified person, or

(b) the analysis be carried out by a specified analyst who is of a class of approved analysts.

(5) The qualified police officer must arrange for an amount sufficient to allow analysis of the B sample to be provided to an analyst for analysis.

(6) The analyst must provide a copy of the results of the analysis to—

(a) the qualified police officer who arranged for the analysis, and

(b) the defendant or accused person.

(7) The cost of the analysis must be paid by the defendant or accused person.