Procedural requirements for admissibility of particular certificate evidence
124HT Procedural requirements for admissibility of particular certificate evidence
This section relates to evidence in the form of a certificate of —
an analyst under section 124HG; or
a drugs analyst under section 124HL; or
an approved expert under section 124HM; or
a person who takes delivery of a sample delivered to an analyst or a drugs analyst under section 124HS.
The certificate is not admissible as evidence in a proceeding unless —
a copy of the certificate is served on the accused at least 28 days before the day on which the certificate is adduced in the proceeding; or
it is adduced in the proceeding by, or with the consent of, the accused.
The accused cannot challenge or call into question any matter set out in a certificate admitted under subsection (2) unless —
written notice of the accused’s intention to challenge or question the matter is served on the prosecutor at least 14 days before the day on which the certificate is produced; or
the court, in the interests of justice, gives the accused leave to challenge or question the matter.
A notice referred to in subsection (3)(a) must specify the matter that is to be challenged or called into question.
[Section 124HT inserted: No. 31 of 2023 s. 24(1).]
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