Power of court to order further analysis
129 Power of court to order further analysis
In any proceedings for an offence under this Act or the regulations, the court may, if satisfied that—
there is a disagreement between the evidence of the analysts for the parties to the proceedings, and
it is in the interests of justice to do so,
order that the part or parts of any sample retained under section 71 be sent by the enforcement agency concerned to an analyst specified by the court or agreed to by the parties.
An order may be made under subsection (1) at the request of any party to the proceedings or on the court’s own motion.
An analyst who is sent a part or parts of a sample for analysis under this section is to make an analysis of that part or those parts for the information of the court.
Subject to section 131, the cost of an analysis under this section is to be borne by the enforcement agency concerned.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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