Power of court to order further analysis
104 Power of court to order further analysis
In any proceedings for an offence under this Act or the regulations, the court may, at the request of any party to the proceedings or on its own initiative, if satisfied that there is a disagreement between the evidence of the analysts for the parties to the proceedings, order that the
part or parts of any sample retained under this Act be sent by the enforcement agency concerned to an independent analyst specified by the court or agreed to by the parties.
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 105, the cost of an analysis under this section is to be borne by the enforcement agency concerned.
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