Evidence (Amendment) Act, 2009

Link to law: http://laws.gov.ag/acts/2009/a2009-8.pdf

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ND BARBUDA

THE EVIDENCE (AMENDMENT) ACT, 2009

No. 8 of 2009

[ Published in the Official Gazette Vol. XXIX No. 80
dated 10th December, 2009. ]

________
Printed at the Government Printing Office, Antigua and Barbuda,

by Paget Terry, Acting Government Printer
— By Authority, 2009.

800—12.09 [Price $4.00]

The Evidence (Amendment) Act, 2009 No. 8 of 20098

(b) secure the sample in a container that is wrapped and sealed; and

(c) sign and date the container for identification purposes;

and the accused where the accused was present and the Inspector or Gazetted Officer shall also sign
and initial the container.

(4) The accused may request that his attorney-at-law be present while a sample is being taken
under subsection (3) and the attorney-at-law shall also sign and date the container for identification
purposes.

(5) Where subsection (2) has been complied with in relation to a sample, the authorised analyst
who took the sample shall sign and date a certificate in the form set out in the Second Schedule and
who has had that certificate countersigned and dated by the Inspector or Gazetted Officer who was
present while the sample was being taken, shall deliver the certificate, along with the sample, to the
officer investigating the matter.

(6) Where an authorised analyst has made an analysis of a sample taken under subsection (3),
he shall make and sign a report to the Commissioner of Police—

(a) specifying the nature and the amount of the sample; and

(b) setting forth the result of his analysis.

(7) Within 28 days of receipt of a report under subsection (6), the Commissioner shall serve
copies of the certificate under subsection (5) and the report on the accused.

12D. Certificate and report under section 12C to be prima facie evidence

In any criminal proceeding in which it is desired to use a sample in evidence by virtue of section 12C,
a certificate rendered under subsection (5), and of a report made under subsection (6), of that section
relating to the sample shall, without further proof, be prima facie evidence of the matters respectively
stated in the certificate and the report; and the report shall, without further proof, be prima facie
evidence of the authorisation of the authorised analyst.

12E. Commissioner to dispose of bulk

As soon as may be practicable after receiving an authorised analyst’s report under section 12C(5)
relating to a sample, the Commissioner of Police after consultation with the Director of Public
Prosecutions shall dispose of the remainder of the substance from which the sample was taken by
destroying it or otherwise dealing with it as the circumstances may require.”.

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(a) on the instructions of the Commissioner of Police as he considers necessary for use as
evidence in a criminal matter to be tried summarily; and

(b) on the instructions of the Director of Public Prosecutions as he considers necessary
for use as evidence in a criminal trial on an indictable offence.

(9) Where it appears that the goods or moveable property are owned by any person other than
the accused, they may be returned to the owner in accordance with the instructions of the Director
of Public Prosecutions or the Commissioner of Police as the case may be, on the written undertaking
of the owner that he presents the goods or moveable property at trial if so required.

(10) Where a photograph was taken in the absence of the accused or a copy of the photograph
was not signed by the accused, then the person who took the photograph shall make a statement
certifying that the photograph was taken in the absence of the accused, or that a copy of the
photograph was not signed by the accused and the reason therefor.

(11) Where a photograph is presented for evidence at trial under subsection 10, the Court,
before admitting the photograph shall consider the reason submitted under subsection 10 and shall
be satisfied that the admission of the photograph would not cause any injustice to the accused.

12C. Use of samples as evidence

(1) A sample—

(a) of a controlled drug as defined by the Misuse of Drugs Act, Cap. 283; or

(b) of any other substance which has been seized by a police officer for the purposes of a
criminal investigation;

shall, subject to section 12D, be admitted as evidence in a criminal trial if the requirements of this
section have been complied with in relation to the sample.

(2) The authorised analyst shall document a description of the bulk of a controlled substance
including its weight and size and document any other information relevant for use in a criminal trial
before a sample of the bulk is taken in accordance with this section.

(3) The authorised analyst shall, in the presence of the accused where it is possible for the
accused to be present and an Inspector or a Gazetted Officer—

(a) take the sample from the bulk of the controlled drug or other substance of which it is a
part and weigh the sample and the bulk of the controlled drug from which the sample
was taken;

THE EVIDENCE (AMENDMENT) ACT, 2009

ARRANGEMENT

Sections
1. Short title.
2. Interpretation
3. Insertion of sections 12A, 12B, 12C, 12D and 12E
4. Insertion of the Second Schedule

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“12A. Definitions

For the purposes of sections 12C, 12D and 12E, “authorised analyst” means a person appointed by
the Minister responsible for Police by notice in the Gazette to analyse any substance for the purposes
of these sections.

12B. Use of photographs as evidence

(1) Every photograph of a scene or of anything seized by the police for the purposes of a
criminal investigation may be admitted for use as evidence in a criminal trial.

(2) Subject to subsection (10), a photograph of goods or moveable property shall not be
admitted in evidence unless—

(a) the photograph was taken in the presence of the accused; or

(b) a copy of the photograph is signed by the accused acknowledging that the photograph
is a true likeness of the article photographed.

(3) A copy of any photograph which is taken pursuant to subsection (2) shall be served on the
accused or his attorney-at-law personally within 28 days of its being taken and the accused or his
attorney-at-law or agent may, not later than 15 days after the receipt of the copy of the photograph,
object by notice in writing to the photograph being used as evidence.

(4) An objection under subsection (3) shall be made to the Commissioner of Police if the matter
is to be tried summarily and to the Director of Public Prosecutions if the matter is to be tried on
indictment and in any case the objection shall be dealt with by the Magistrate or Judge respectively
at the trial.

(5) Where a photograph is offered as evidence in a criminal trial, the production of negatives
shall not be required.

(6) Where goods or moveable property have been seized by the Police for the purposes of a
criminal investigation they may not be retained for use as evidence once photographs have been
taken and no objection has been made under subsection (3) and shall be returned to their respective
owners forthwith.

(7) With regard to goods or moveable property the number of photographs as appears necessary
to be taken for use as evidence in a criminal trial shall be taken in accordance with the instructions of
the Commissioner of Police or the Director of Public Prosecutions as the case may be.

(8) Notwithstanding subsection (6) goods may be retained—

The Evidence (Amendment) Act, 2009 No. 8 of 20094 No. 8 of 2009 The Evidence (Amendment) Act, 20095

[ L.S.]

I Assent,

Louise Lake-Tack,
Governor-General.

4th November, 2009.

ANTIGUA AND BARBUDA

THE EVIDENCE (AMENDMENT) ACT, 2009

No. 8 of 2009

AN ACT to amend the Evidence Act, Cap. 155 and for incidental and connected purposes.

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. Short title

This Act may be cited as the Evidence (Amendment) Ac , 2009.

2. Interpretation

In this Act “the principal Act” means the Evidence Act, Cap. 155.

3. Insertion of sections 12A, 12B, 12C, 12D and 12E

The principal Act is amended by inserting the following after section 12—

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4. Insertion of the Second Schedule

The principal Act is amended by inserting the following after the Schedule—

“ SECOND SCHEDULE

(Section 12C)

CERTIFICATE OF SAMPLING OF

SEIZED SUBSTANCE

I HEREBY CERTIFY that on the ____________________ day of ___________ 20__ , I took a
sample of ______________________________________________ from the bulk and that the
bulk was weighed, and the sample was taken and weighed, in the presence
of___________________________________________________________________

(Print Name of Inspector / Gazetted Officer)

Weight of bulk ______________________________________________gms/kgs.

Weight of sample ______________________________________________gms/kgs.

Name

and

Rank_____________________________________________________________

Signature ________________________________________________________

Authorised Analyst

Date _____________________________________________________________

The above sampling was done, and this Certificate was signed, before me:

Name ______________________________________________________________

Signature___________________________________________________________

Inspector / Gazetted Officer

Date _______________________________________________________________”

Passed by the Senate on the 23rd day
of September, 2009.

Hazlyn M. Francis,
President.

T. Thomas,
Clerk to the Senate.

Passed by the House of Representatives on
the 15th day of September, 2009.

D. Gisele Isaac-Arrindell,
Speaker.

T. Thomas,
Clerk to the House of Representatives.