Criminal Justice (Miscellaneous Provisions) Act 2023
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Amendment of section 25 of Act of 1997 | ||
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26. (1) The Act of 1997 is amended by the substitution of the following section for section 25: | ||
“25. (1) In any proceedings for an offence alleging the causing of harm or serious harm to a person, the production of a certificate purporting to be signed by a registered medical practitioner and relating to— | ||
(a) an examination of that person by the registered medical practitioner, | ||
(b) an examination of that person by another person who was acting under the supervision, or was otherwise subject to the authority, of the registered medical practitioner, or | ||
(c) the medical assessment by the registered medical practitioner of the medical records relating to an examination of that person, | ||
shall, unless the contrary is proved, be evidence of any fact or opinion (including an opinion in relation to the source or effect of, or a prognosis in respect of, harm or serious harm to the person) thereby certified without proof of any signature thereon or that any such signature is that of such registered medical practitioner. | ||
(2) A certificate to which subsection (1) applies shall include a statement as to which paragraph of that subsection applies to the registered medical practitioner who signs the certificate. | ||
(3) In this section, ‘registered medical practitioner’ means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 .”. | ||
(2) The validity of a certificate to which section 25 of the Act of 1997 applies that was signed by a registered medical practitioner before the coming into operation of subsection (1) shall not be affected by such coming into operation. |