Road Traffic (Administration) Act 2008

If, in a prosecution mentioned in section 117(6), evidence is given in the form of an image as described in section 117(7B) and the image is accompanied by a certificate under subsection (2), the image —

is to be accepted as having been recorded as described in section 117(7B), unless there is evidence to the contrary; and

is prima facie evidence of the matters shown in or recorded on the image.

If, in a prosecution mentioned in section 117(7C), evidence is given in the form of an image or video as described in section 117(7E) and the image or video is accompanied by a certificate under subsection (2), the image or video —

is to be accepted as having been recorded as described in section 117(7E), unless there is evidence to the contrary; and

is prima facie evidence of the matters shown in or recorded on the image or in the video.

For the purposes of subsections (1) and (1A), the certificate is a certificate purporting to be signed by the Commissioner of Police, certifying that —

the equipment, specified in the certificate, was speed measuring and recording equipment or visual detection equipment; and

the equipment was installed or set up by an authorised person, named in the certificate, in accordance with the approved procedure on a day specified in the certificate; and

the equipment was tested by an authorised person, named in the certificate, in accordance with the approved procedure on a day, specified in the certificate, that was within the prescribed number of days (for that type of equipment) before the day on which the alleged offence was committed; and

on the specified day referred to in paragraph (c) and on the day on which the alleged offence was committed, the equipment was accurate and operating properly; and

if subsection (1) applies — data relating to the vehicle and its speed, and the time and place at which its speed was ascertained and the data recorded, was produced by the equipment and obtained by an authorised person, named in the certificate, in accordance with the approved procedure; and

if subsection (1A) applies — data relating to the vehicle, the prescribed act or omission and the time and place at which the data was recorded, was produced by the equipment and obtained by an authorised person, named in the certificate, in accordance with the approved procedure; and

the data referred to in paragraph (e) or (ea) (as applicable) was used to produce the image or video by an authorised person, named in the certificate, in accordance with the approved procedure.

In subsection (2) —

The certificate is prima facie evidence of the matters in it.

A certificate under subsection (2) is not admissible in evidence in a prosecution mentioned in section 117(6) or (7C) unless a copy of the certificate and a copy of the relevant image or video are given to the accused at least 28 days before the day on which the proceedings begin or within a shorter period that is agreed by the accused.

If a copy of the image or video and the certificate have been given as required by subsection (4), the accused cannot challenge or call into question a matter certified in the certificate unless —

notice in writing of the accused’s intention is given to the prosecutor at least 14 days before the proceedings begin; or

the court, in the interests of justice, gives the accused leave to so do.

A notice under subsection (5)(a) must specify the matter that is to be challenged or called into question.

In a prosecution mentioned in section 117(6) or (7C), it is to be presumed, in the absence of evidence to the contrary, that a certificate under subsection (2) purporting to have been signed by the Commissioner of Police was so signed, without proof of the signature of the person purporting to have signed it or proof that the purported signatory was the Commissioner.