The Wine Regulations 2009

Power to require analysis or examination

11.—(1) The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause anything that is the subject of the proceedings, and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who must make such analysis or examination as is appropriate and send to the court a certificate of the result, and the costs of the analysis or examination must be paid by the prosecutor or the person charged as the court may order.

(2) If in a case in which an appeal is brought no action has been taken under paragraph (1) as respects a particular article, the provisions of that paragraph apply as respects that article in relation to the court by which the appeal is heard.

(3) Any certificate of the results of an analysis or examination, which, in the course of proceedings is sent by a food analyst or food examiner under this regulation, must be signed by that food analyst or food examiner, but the analysis or examination may be made by any person acting under the direction of the person by whom the certificate is signed.

(4) In any proceedings under these Regulations, the sending to the court under this regulation or production by one of the parties—

(a) of a document purporting to be a certificate given by a food analyst or food examiner, or

(b) of a document supplied by the other party as being a copy of such a certificate,

is sufficient evidence of the facts stated in it unless any party to the proceedings requires that the person by whom the certificate is signed be called as a witness.