Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
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Evidence in proceedings for an offence | ||
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38. (1) In proceedings for an offence under this Act, a certificate purporting to be signed by a person employed or engaged at a designated laboratory stating the capacity in which that person is so employed or engaged and stating any one or more of the following, namely— | ||
(a) that the person received a sample submitted to the designated laboratory, | ||
(b) that, for such period as is specified in the certificate, the person had in his or her custody a sample so submitted, or | ||
(c) that the person gave to such other person as is specified in the certificate a sample so submitted, | ||
shall, unless the contrary is proved, be evidence of the matters stated in the certificate. | ||
(2) In proceedings for an offence under this Act, a certificate purporting to be signed by a designated analyst stating any one or more of the following, namely— | ||
(a) that he or she carried out any procedure for the purpose of detecting the presence of any substance in the sample so submitted, or | ||
(b) that the sample concerned contained such substance or such amount thereof as is specified in the certificate, | ||
shall, unless the contrary is proved, be evidence of the matters stated in the certificate. | ||
(3) In proceedings for an offence under this Act, the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under this section be given and the court may, for the purpose of receiving oral evidence, adjourn the proceedings to a later date. | ||
(4) A certificate under this section shall be in such form as may be prescribed. | ||
(5) In proceedings for an offence under this Act, a tobacco product or a nicotine inhaling product that purports to bear the name of the manufacturer or importer of that product, shall, unless the contrary is proved, be evidence that the tobacco product or nicotine inhaling product was manufactured or imported, as the case may be, by the person concerned. | ||
(6) In proceedings for an offence under this Act, a tobacco product or a nicotine inhaling product that bears a trademark shall, unless the contrary is proved, be evidence that the product was manufactured by the person who at the time of the alleged commission of the offence owned that trademark. | ||
(7) In this section— | ||
“designated laboratory” has the same meaning as it has in section 51 of the Act of 2002; | ||
“trademark” has the same meaning as it has in the Trade Marks Act 1996 . |