Prosecution Procedures Flashcards
What does section 28 entail?
you can file charging documents at any time for
section 6, 9 or 10 offences
Or
Four years after the date which offence was committed.
When must the defendant be given a copy of the analysts certificate AND written notice that analyst will not be called?
At least 7 clear days before the hearing at which it is to be presented as evidence.
What must defence do if they don’t wish to accept the certificate as evidence?
They must give notice in writing at least 3 days before the hearing
that they wish the analyst to be called as a witness by the prosecution.
When is the analysts certificate admissible?
If defendant is served a copy of his he certificate at least 7 days before the hearing and
the defendant does not give written notice for the analyst to be called at least 3 days before the hearing.
This means the Court does not request the oral evidence of the analyst and the analysts certificate is admissible.
What are instruments of crime?
A house used to manufacture meth
A motor vehicle used to deliver drugs
For evidence in the certificate to be admissible, certain procedures must be strictly followed. These procedures ensure that:
The chain of evidence is unbroken
The material to be analysed is not tampered with or contaminated
The defence is aware of the analysis, the cert and is given notice of the analysis
within specifics timeframes
to allow them to have reasonable time to prepare a defence.
A defendant who is charged with or convicted of a drug dealing offence may be granted bail:
1: in any case by order of a high court judge
2: if defendant does not have any previous conviction for drug dealing, by order of a district court judge
Who proves if drug is usable?
Under section 29A it is not necessary for prosecution to prove that fact
unless the defendant puts the matter in issue.
