Prosecution Procedure - Analysis Evidence

Question 1

Can a Certificate of Analysis be used instead of Oral Evidence?

Answer 1

Yes. Offences concerning Controlled Drugs.

Not required to give oral evidence, saves time and money.

Question 2

For a Certificate of Analysis be admissible, what certain procedures must be followed?

Answer 2

• The Chain of Evidence is unbroken
• The material to be analyzed is not tampered with or contaminated
• The Defence is aware of the analysis and the results and is given reasonable time to prepare a defence.

Question 3

Drug Exhibit - What are the two methods that you can deliver?

Answer 3

• In person to the analyst who is to issue the certificate, or to a person authorized by the analyst.
• By registered Post or by Courier with signature required in a sealed package to an employee who has been authorized by the analyst in charge of the laboratory.

Question 4

When you use a Standard Drugs Envelope (SDE). What else will you need to do?

Answer 4

• Describe the packaging to prove the chain of evidence by sealing it, labelling it with the file reference number
• Quote the registered article number and other details of registered mail
• Produce the receipt of its delivery to the ESR.

Question 5

What must you do if you deliver the exhibits to ESR?

Answer 5

• Name of person who signed for the exhibit
• Receipt signature on the POL 143
• Evidence of Police Member who delivered the Drug to ESR

Question 6

In Court - as O/C, what will you need to prove re: delivery?

Answer 6

• The name of person whom the Drug was delivered
• The person who received the package, works at ISR and is authorized to receive the package
• The package was sealed

Question 7

When should the copy of the Analyst’s certificate and written notice that Analyst will not be called?

Answer 7

At least 7 days before the hearing

Question 8

If certificate and written notice is not accepted, how long does the Defendant need to respond by?

Answer 8

Will need to respond in writing - 3 days before the hearing.

Question 9

When does the Analyst Certificate and Written Notice become admissible?

Answer 9

• Defendant has received the certificate and written notice at least 7 days before the hearing
• Defendant does not respond in writing - 3 days before the hearing.
• Court does not request Oral evidence of the Analyst.