sec.54Defendant to give notice of intention to lead evidence of particular matters

### sec.54 Defendant to give notice of intention to lead evidence of particular matters This section applies if, in a proceeding, a defendant proposes to lead evidence— under section 40 (3) that, at the time of the operation of a breath analysing instrument, it was not in proper working order or was not properly operated; or under section 48 (5) that the result of a laboratory test of saliva or blood was not correct; or under section 52 (2) in relation to a certificate mentioned in section 52 (1) that— the signature on the certificate is not the signature of the person by whom the certificate purports to be made; or a matter stated in a certificate mentioned in section 52 (1) is not correct. The defendant must give the prosecution at least 14 clear days’ notice of the defendant’s proposal to lead the evidence. For subsection (2) , the notice must— be in writing signed by the defendant or the defendant’s solicitor; and if it is for evidence mentioned in subsection (1) (a) —state the grounds on which the defendant intends to rely to prove the breath analysing instrument was not in proper working order or was not properly operated; and a claim that the breath analysing instrument was not in proper working order because it mistook the presence of mouthwash in the defendant’s mouth for the presence of alcohol in the defendant’s blood if it is for evidence mentioned in subsection (1) (b) —state the grounds on which the defendant intends to rely to prove the result of the laboratory test of saliva or blood was not correct. (sec.54-ssec.1) This section applies if, in a proceeding, a defendant proposes to lead evidence— under section 40 (3) that, at the time of the operation of a breath analysing instrument, it was not in proper working order or was not properly operated; or under section 48 (5) that the result of a laboratory test of saliva or blood was not correct; or under section 52 (2) in relation to a certificate mentioned in section 52 (1) that— the signature on the certificate is not the signature of the person by whom the certificate purports to be made; or a matter stated in a certificate mentioned in section 52 (1) is not correct. (sec.54-ssec.2) The defendant must give the prosecution at least 14 clear days’ notice of the defendant’s proposal to lead the evidence. (sec.54-ssec.3) For subsection (2) , the notice must— be in writing signed by the defendant or the defendant’s solicitor; and if it is for evidence mentioned in subsection (1) (a) —state the grounds on which the defendant intends to rely to prove the breath analysing instrument was not in proper working order or was not properly operated; and a claim that the breath analysing instrument was not in proper working order because it mistook the presence of mouthwash in the defendant’s mouth for the presence of alcohol in the defendant’s blood if it is for evidence mentioned in subsection (1) (b) —state the grounds on which the defendant intends to rely to prove the result of the laboratory test of saliva or blood was not correct. - (a) under section 40 (3) that, at the time of the operation of a breath analysing instrument, it was not in proper working order or was not properly operated; or - (b) under section 48 (5) that the result of a laboratory test of saliva or blood was not correct; or - (c) under section 52 (2) in relation to a certificate mentioned in section 52 (1) that— (i) the signature on the certificate is not the signature of the person by whom the certificate purports to be made; or (ii) a matter stated in a certificate mentioned in section 52 (1) is not correct. - (i) the signature on the certificate is not the signature of the person by whom the certificate purports to be made; or - (ii) a matter stated in a certificate mentioned in section 52 (1) is not correct. - (i) the signature on the certificate is not the signature of the person by whom the certificate purports to be made; or - (ii) a matter stated in a certificate mentioned in section 52 (1) is not correct. - (a) be in writing signed by the defendant or the defendant’s solicitor; and - (b) if it is for evidence mentioned in subsection (1) (a) —state the grounds on which the defendant intends to rely to prove the breath analysing instrument was not in proper working order or was not properly operated; and Example for paragraph (b) — a claim that the breath analysing instrument was not in proper working order because it mistook the presence of mouthwash in the defendant’s mouth for the presence of alcohol in the defendant’s blood - (c) if it is for evidence mentioned in subsection (1) (b) —state the grounds on which the defendant intends to rely to prove the result of the laboratory test of saliva or blood was not correct.