Criminal Justice (Miscellaneous Provisions) Act, 1997

Certificates of evidence relating to certain matters.

6.—(1) Where a person, who has been arrested otherwise than under a warrant, first appears before the District Court charged with an offence, a certificate purporting to be signed by a member and stating that that member did, at a specified time and place, any one or more of the following namely—

(a) arrested that person for a specified offence,

(b) charged that person with a specified offence, or

(c) cautioned that person upon his or her being arrested for, or charged with, a specified offence,

shall be admissible as evidence of the matters stated in the certificate.

(2) In any criminal proceedings a certificate purporting to be signed by a member and stating that—

(a) that member did any one or more of the following namely—

(i) commenced duty, or replaced a specified member on duty, at a specified time at a place—

(I) where the offence to which such proceedings relate is alleged to have been committed,

(II) adjacent to the place referred to in clause I of this subparagraph, or

(III) containing evidence of the offence to which the proceedings relate,

or

(ii) remained on duty at a place referred to in subparagraph (i) until a specified time or until replaced at a specified time by a specified member,

or

(b) in relation to a place referred to in paragraph (a) no person entered upon that place during a specified period without the permission of that member and that no evidence at that place was disturbed while he or she was on duty at that place,

shall be admissible as evidence of the matters stated in the certificate.

(3) Where a person enters upon a place referred to in paragraph (a) of subsection (2) at a time when a member is on duty at that place, a certificate referred to in the said subsection shall state the name of that person and the purpose for which that person was permitted to enter upon that place.

(4) In any criminal proceedings 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.

(5) A certificate under this section shall be tendered in evidence by a member not below the rank of sergeant.

(6) Upon the laying of a charge sheet and recognisance before the District Court, the court shall require the person (if any) present and to whom the charge sheet and recognisance relate, to identify himself or herself, and accordingly, on being so required, the person shall identify himself or herself, as the case may be, to the court.

(7) The Minister for Justice may, by regulations, prescribe the form of a certificate under this section.