Animal Health and Welfare Act 2013

50.

Evidence of laboratory analysis on certificate, etc.

50.—(1) In proceedings for an offence under this Act, a certificate purporting to be signed by a person employed at a laboratory where a sample taken under section 38(4)(iv) was analysed stating the capacity in which the person is employed and stating that—

( a) the person received the sample,

( b) for the period specified in the certificate, the person had the sample in his or her possession, and

( c) the person—

(i) gave the sample to another person named in the certificate, or

(ii) carried out a procedure for the purpose of detecting in the sample evidence of disease or a disease agent, a substance or contamination, or that the sample contained evidence of disease, a disease agent, a substance, or was contaminated in a manner, as is specified in the certificate,

is (without proof of the signature of the person or that he or she is or was employed at the laboratory), unless the contrary is shown, evidence of the matters stated in the certificate.

(2) In proceedings for an offence under this Act the court may, if it considers that it is in the interests of justice, direct that oral evidence of the matters stated in a certificate referred to in subsection (1) be given and the court may for the purpose of receiving oral evidence adjourn the proceedings.

(3) In proceedings under this Act, evidence of an act adopted by an institution of the European Union may be given by production of a copy of the act certified by an officer of the Minister to be a true copy. It is not necessary to prove, unless the contrary is shown, the signature of the officer or that he or she is or was an officer of the Minister.

(4) Subsection (3) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 ( S.I. No. 341 of 1972).

(5) In proceedings under this Act, evidence of information contained in a record may be given by producing a copy in legible form of that record, whether that record is maintained in legible or non-legible form and the copy is, until the contrary is shown, sufficient evidence of the information contained in the record.