PART XII

Evidence

Routine evidence

Routine evidence.
280
1
For the purposes of any proceedings for an offence under any of the enactments specified in column 1 of Schedule 9 to this Act, a certificate purporting to be signed by a person or persons specified in column 2 thereof, and certifying the matter specified in column 3 thereof shall, subject to subsection (6) below, be sufficient evidence of that matter and of the qualification or authority of that person or those persons.
2
The Secretary of State may by order—
a
amend or repeal the entry in Schedule 9 to this Act in respect of any enactment; or
b
insert in that Schedule an entry in respect of a further enactment.
3
An order under subsection (2) above may make such transitional, incidental or supplementary provision as the Secretary of State considers necessary or expedient in connection with the coming into force of the order.
3A
For the purposes of any criminal proceedings, a report purporting to be signed by a person authorised by the Scottish Environment Protection Agency for the purpose of this subsection is sufficient evidence of any fact or conclusion as to fact contained in the report and of the authority of the signatory.
4
For the purposes of any criminal proceedings, a report purporting to be signed by two authorised forensic scientists shall, subject to subsection (5) below, be sufficient evidence of any fact or conclusion as to fact contained in the report and of the authority of the signatories.
5
A forensic scientist is authorised for the purposes of subsection (4) above if—
a
he is authorised for those purposes by the Secretary of State; or
b
he—
i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
possesses such qualifications and experience as the Secretary of State may for the purposes of that subsection by order prescribe; and
iii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Subsections (1) , (3A) and (4) above shall not apply to a certificate or, as the case may be, report tendered on behalf of the prosecutor or the accused—
a
unless a copy has been served on the other party not less than fourteen days before
i
in the case of proceedings in the High Court, the preliminary hearing;
ii
in any other case,
the trial; or
b
where the other party, not more than seven days after the date of service of the copy on him under paragraph (a) above or by such later time as the court may in special circumstances allow, has served notice on the first party that he challenges the matter, qualification or authority mentioned in subsection (1) above or as the case may be the fact, conclusion or authority mentioned in subsection (3A) or (4) above.
7
A copy of a certificate or, as the case may be, report required by subsection (6) above, to be served on the accused or the prosecutor or of a notice required by that subsection or by subsection (1) or (2) of section 281 of this Act to be served on the prosecutor shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served such certificate or notice, together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy.
8
Where, following service of a notice under subsection (6)(b) above, evidence is given in relation to a report referred to in subsection (4) above by both of the forensic scientists purporting to have signed the report, the evidence of those forensic scientists shall be sufficient evidence of any fact (or conclusion as to fact) contained in the report.
9
At any trial of an offence it shall be presumed that the person who appears in answer to the complaint is the person charged by the police with the offence unless the contrary is alleged.
10
An order made under subsection (2) or (5)(b)(ii) above shall be made by statutory instrument.
11
No order shall be made under subsection (2) above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
12
A statutory instrument containing an order under subsection (5)(b)(ii) above shall be subject to annulment pursuant to a resolution of either House of Parliament.
Word in s. 280(6)(b) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(32); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)
Words in s. 280(6)(a) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 48; S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)
Word in s. 280(6) inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 31(3)(b)(i); S.S.I. 2014/160, art. 2(1)(2), sch.
Words in s. 280(6)(b) inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 31(3)(b)(ii); S.S.I. 2014/160, art. 2(1)(2), sch.
S. 280(3A) inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 31(3)(a); S.S.I. 2014/160, art. 2(1)(2), sch.
S. 280(5)(b)(i)(iii) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)