Chemicals Act 2008

21.

Evidence in proceedings.

21.— (1) In proceedings for an offence under this Act, any document purporting to have been prepared or kept—

(a) pursuant to a requirement in the European Regulations, or

(b) in the ordinary course of business by a person who had, or may reasonably be considered to have had, personal knowledge of the matters specified in the document,

shall be admissible as evidence of the matters specified in the document.

(2) In proceedings for an offence under this Act, a document purporting to be a reproduction in legible form of a document stored in non-legible form to which subsection (1) applies shall be admissible as evidence of the matters specified therein, if the court before which the proceedings have been brought is satisfied that it was reproduced in the course of the normal operation of the reproduction system concerned.

(3) This section shall not apply to—

(a) a document containing information that is privileged from disclosure in proceedings for an offence,

(b) a document prepared by a person who would not be compellable to give evidence at the instance of the party seeking to have the document admitted as evidence of the matters specified in the document,

(c) a document (other than a technical document) prepared for the purposes, or in contemplation, of—

(i) the investigation of any offence,

(ii) an investigation or inquiry carried out pursuant to or under any enactment,

(iii) any proceedings whether civil or criminal, or

(iv) proceedings of a disciplinary nature,

or

(d) a document (other than a technical document) prepared after the alleged commission of the offence concerned.

(4) Nothing in this section shall operate to render inadmissible in proceedings under this Act any document as evidence of any matter specified therein, that is so admissible by virtue of any rule of law or enactment other than this Act.

(5) In this section—

“business” includes any trade, profession or other occupation carried on—

(a) for reward or otherwise, and

(b) either in the State or outside the State;

“technical document” means—

(a) a map, plan, drawing or photograph (including any explanatory material in or accompanying the document concerned),

(b) a record of a direction given by a member of the Garda Síochána pursuant to any enactment,

(c) a record of the receipt, handling, transmission, examination or analysis of any thing by any person acting on behalf of any party to the proceedings for the offence concerned, or

(d) a record by a registered medical practitioner of an examination of a living or dead person.