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Drugs Misuse Act 1986
sec.128Analyst’s certificate
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### sec.128 Analyst’s certificate
In any proceedings for an offence defined in this Act the production of a certificate purporting to be signed by an analyst with respect to an analysis or examination shall, without proof of the analyst’s signature or that the analyst is an analyst, be evidence of any of the following stated in the certificate—
the identity of the thing analysed or examined;
the quantity of the thing;
the result of the analysis or examination and of the matters relevant to the proceedings;
the laboratory at which the thing was analysed or examined;
that the analyst examined the laboratory’s records about the analysis or examination of the thing, including the records about any analysis or examination done by someone other than the analyst;
and, in the absence of evidence to the contrary, shall be conclusive such evidence.
In subsection (1) —
proceedings , for an offence, include an application made under section 32 (1) .
s 128 (prev s 56) amd 1995 No. 18 s 6
renum 2002 No. 35 s 11
amd 2006 No. 8 s 63 ; 2017 No. 6 s 27
(sec.128-ssec.1) In any proceedings for an offence defined in this Act the production of a certificate purporting to be signed by an analyst with respect to an analysis or examination shall, without proof of the analyst’s signature or that the analyst is an analyst, be evidence of any of the following stated in the certificate— the identity of the thing analysed or examined; the quantity of the thing; the result of the analysis or examination and of the matters relevant to the proceedings; the laboratory at which the thing was analysed or examined; that the analyst examined the laboratory’s records about the analysis or examination of the thing, including the records about any analysis or examination done by someone other than the analyst; and, in the absence of evidence to the contrary, shall be conclusive such evidence.
(sec.128-ssec.2) In subsection (1) — proceedings , for an offence, include an application made under section 32 (1) .
- (a) the identity of the thing analysed or examined;
- (b) the quantity of the thing;
- (c) the result of the analysis or examination and of the matters relevant to the proceedings;
- (d) the laboratory at which the thing was analysed or examined;
- (e) that the analyst examined the laboratory’s records about the analysis or examination of the thing, including the records about any analysis or examination done by someone other than the analyst;