23Evidence of analyst

23 Evidence of analyst

Authority may appoint analysts (1) The Authority may, in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act. Analyst may issue certificate (2) An analyst appointed under subsection (1) may issue a certificate setting out, in relation to a substance, one or more of the following: (a) when and from whom the substance was received by the analyst; (b) what labels or other means of identifying the substance accompanied it when it was received by the analyst; (c) what container the substance was in when it was received by the analyst; (d) a description of the substance received by the analyst; (e) that he or she has analysed or examined the substance; (f) the date on which the analysis or examination was carried out; (g) the method used in conducting the analysis or examination; (h) the results of the analysis or examination. Certificate admissible in proceedings for offence (3) The certificate is admissible in any proceeding for an offence against this Act as prima facie evidence of: (a) the matters in the certificate; and (b) the correctness of the results of the analysis or examination. Restriction on admissibility of certificate (4) A certificate must not be admitted in evidence under subsection (3) in proceedings for an offence unless: (a) the person charged with the offence; or (b) 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. Document taken to be a certificate unless contrary established (5) A document purporting to be a certificate referred to in subsection (2) is taken to be such a certificate and to have been duly given unless the contrary is established. Analyst may be called to give evidence (6) If the certificate is admitted in evidence, the person charged 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. (7) Subsection (6) 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 5 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. Evidence in support, or rebuttal, of matter in certificate to be considered on its merits (8) Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (2) must be considered on its merits. The credibility and probative value of the evidence is neither increased nor diminished because of this section.