- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
20.—(1) Where a sample has been retained under regulation 19 and–
(a)a decision has been made to send a report to the procurator fiscal or proceedings have been commenced against a person for an offence under these Regulations; and
(b)the result of the analysis carried out in accordance with regulation 19(3)(d) is to be adduced as evidence,
paragraphs (2) to (6) apply.
(2) The authorised officer–
(a)may of the officer’s own volition prior to a report being sent to the procurator fiscal; and
(b)shall–
(i)if requested by the prosecutor;
(ii)if the court so orders on the application of the prosecutor or the accused; or
(iii)if requested by the accused (subject to paragraph (5)),
send the retained part of the sample to the Government Chemist for analysis.
(3) The Government Chemist shall analyse the part sent under paragraph (2) and where the analysis is carried out–
(a)under paragraph (2)(a) or (b)(i) or (iii), provide the authorised officer; or
(b)under paragraph (2)(ii), provide the prosecutor and the accused,
with a certificate of analysis.
(4) The authorised officer shall immediately on receipt of the Government Chemist’s certificate of analysis under paragraph 3(a) supply the prosecutor and the accused with a copy.
(5) Where a request is made under paragraph (2)(b)(iii) the authorised officer may give notice in writing to the accused requesting payment of a fee specified in the notice in respect of the functions mentioned in paragraph (3), and in the absence of agreement by the accused to pay the fee the authorised officer may refuse to comply with the request.
(6) Any certificate of the results of testing transmitted by the Government Chemist under this regulation may be signed by or on behalf of the Government Chemist, and the testing may be carried out by any person under the direction of the person who signs the certificate.
(7) Any certificate transmitted by or on behalf of the Government Chemist in accordance with paragraph (6) shall be taken as sufficient evidence of the facts stated therein unless any party to the proceedings requests that the person by whom the certificate is signed be called as a witness.
(8) In this regulation “accused” includes a person in respect of whom the authorised officer intends to submit a report to the procurator fiscal.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: