Evidentiary certificates—procedural matters
236F Evidentiary certificates—procedural matters
A certificate issued under subsection 236E(1) must not be admitted in evidence in proceedings for an offence unless:
the person charged with the offence; or
a lawyer who has appeared for the person in those proceedings;
has, at least 28 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
If, under section 236E, a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
called as a witness for the prosecution; and
cross‑examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
However, subsection (2) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
the prosecutor has been given at least 21 days’ notice of the person’s intention to require the person who signed the certificate to be so called; and
the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection 236E(1) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
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