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Evidence in relation to certain offences under Act of 2002.
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15.—Section 21 of the Act of 2002 is amended—
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(a) by substituting for subsection (1) the following:
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“(1) The onus of establishing prima facie proof of a constituent of an offence (including the speed at which a person, whether the accused or another person, was driving) under section 47, 52, 53, 55, 91, 92, 93 or 94 of the Principal Act or section 35 of the Act of 1994 may be discharged by tendering evidence from which that constituent can be inferred of measurements or other indications which were given by—
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(a) electronic or other apparatus (including a camera) capable of providing a permanent record (including a permanent visual record) and are contained in such a record produced by it, or
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(b) electronic or other apparatus (including a radar gun) which is not capable of producing a permanent record.
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It is not necessary to prove that the electronic or other apparatus was accurate or in good working order.”,
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(b) in subsection (2)(a), by substituting for subparagraph (i) the following:
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“(i) purporting to be, or to be a copy of a record (which is not a visual record) referred to in subsection (1)(a) and to be signed by a member of the Garda Síochána, and”,
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(c) in subsection (3), by substituting for paragraph (a) the following:
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“(a) in the case of apparatus referred to in subsection (1)(a), be capable of producing a record of the measurements or other indications referred to in subsection (1), and”,
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and
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(d) by inserting after subsection (4) the following:
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“(5) In proceedings for an offence referred to in subsection (1) it shall be presumed until the contrary is shown that—
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(a) the electronic or other apparatus used for the tendering of evidence was provided and maintained by a member of the Garda Síochána, and
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(b) that the development, production and viewing of records produced by such apparatus was carried out by a member of the Garda Síochána.
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(6) In this section—
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‘radar gun’ means an apparatus which—
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(a) can be used to measure the speed of a moving object (such as a motor vehicle) by directing a signal from the apparatus at the object, and, if the signal is reflected off the object, the apparatus in turn receives the reflected signal, and
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(b) is capable of measuring the speed of the object and displaying the speed on the apparatus;
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‘record’ includes a visual record which can be stored permanently on the apparatus concerned.”.
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