Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

169.

Provisions relating to evidence in proceedings regarding certain samples

169. (1) In any criminal proceedings, a certificate purporting to be signed by a member of the staff of FSI and stating, in relation to a relevant sample—

(a) that the sample was contained in a tamper-evident container marked with a unique number that is specified in the certificate,

(b) that he or she conducted a thorough examination of the tamper-evident container immediately before opening it and that the container displayed no sign of anyone having opened or attempted to open it,

(c) that he or she opened the tamper-evident container in which the sample was contained and removed the sample from it for forensic testing,

(d) the date of opening the tamper-evident container and removing the sample from it,

shall, until the contrary is shown, be evidence of the matters stated in the certificate without proof of any signature thereon or that any such signature is that of such member of staff of FSI.

(2) In any criminal proceedings, the court may—

(a) if it considers that the interests of justice so require, direct that oral evidence be given of the matters stated in a certificate under this section, and

(b) adjourn the proceedings to a later date for the purpose of receiving the oral evidence.

(3) The Minister may prescribe the form of a certificate under this section.

Annotations:

Editorial Notes:

E8

Power pursuant to section exercised (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Certificates) Regulations 2015 (S.I. No. 526 of 2015).