Non-Fatal Offences Against the Person Act 1997
Evidential value of certain certificates signed by medical practitioners.
F12[25.—(1) In any proceedings for an offence alleging the causing of harm or serious harm to a person, the production of a certificate purporting to be signed by a registered medical practitioner and relating to—
(a) an examination of that person by the registered medical practitioner,
(b) an examination of that person by another person who was acting under the supervision, or was otherwise subject to the authority, of the registered medical practitioner, or
(c) the medical assessment by the registered medical practitioner of the medical records relating to an examination of that person,
shall, unless the contrary is proved, be evidence of any fact or opinion (including an opinion in relation to the source or effect of, or a prognosis in respect of, harm or serious harm to the person) thereby certified without proof of any signature thereon or that any such signature is that of such registered medical practitioner.
(2) A certificate to which subsection (1) applies shall include a statement as to which paragraph of that subsection applies to the registered medical practitioner who signs the certificate.
(3) In this section, "registered medical practitioner" means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007.]
Annotations
Amendments:
F12
Substituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 26(1), S.I. No. 525 of 2023.
Modifications (not altering text):
C2
Prior medical certificates unaffected by this section as provided (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24/2023), s. 26(2), S.I. No. 525 of 2023.
Amendment of section 25 of Act of 1997
(2) The validity of a certificate to which section 25 of the Act of 1997 applies that was signed by a registered medical practitioner before the coming into operation of subsection (1) shall not be affected by such coming into operation.
C3
References to “registered medical practitioner” and “General Register of Medical Practitioners” construed (16.03.2009) by Medical Practitioners Act 2007 (25/2007), s. 108, S.I. No. 40 of 2009, as amended (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 20 and sch. 2, commenced on enactment.
Construction of references to registered medical practitioner and Medical Council, etc.
108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.
(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or any statutory instrument[, on and after the register establishment day,] shall be construed as a reference to any division of the register.