Destructive testing of physical evidence
26 Destructive testing of physical evidence
Regulation 23(3) and (6) do not apply to particular physical evidence, to the extent necessary to allow for destructive testing of the evidence, if —
the network operator believes that destructive testing of the evidence is required; and
the network operator has notified the Director of that belief; and
the Director has not, within 5 working days after the day on which the Director was notified, prohibited the testing.
If a network operator proposes to carry out destructive testing of particular physical evidence to which regulation 23(3) applies, the Director may nominate a person to witness the testing.
The network operator must permit a person nominated under subregulation (2) to witness the testing.
Penalty for this subregulation: a fine of $250 000.
[Regulation 26 amended: SL 2021/218 r. 12.]
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