Page 358 - Magistrates Conference 2019

7 days after the receipt of the copy of the photograph object by notice in writing to the
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photograph being used as evidence.

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

Where goods or moveable property have been seized by the Police they shall not be retained for
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use as evidence once photographs have been taken and no objection has been made.

With reference to goods or moveable property referred to in subsection (4), the Commissioner of
Police shall cause such number of photographs as necessary to be taken and where it the goods

or property are owned by any person other than the accused, it shall be returned to them on the
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written undertaking that he presents them at trial if so required.

Where a photograph was taken in the absence of the accused, his attorney-at-law or his agent or
a copy of the photograph was not signed by them, the person who took the photograph shall

make a statement certifying that the photograph was taken in their absence or that a copy of the
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photograph was not signed by them and the reason therefor.

A sample of a controlled drug within the meaning of section 3(1) of the Drug Abuse (Prevention
and Control) Act; or of any other substance which has been seized by a police officer for the

purposes of a criminal investigation, shall, subject to section 132D, be admitted as evidence in a
criminal trial if the requirements of this section have been complied with in relation to the

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sample.
A police officer shall, in the presence of the accused and a Justice of the Peace 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 substance from which the sample was taken; secure the sample in a container that is
wrapped and sealed and the officer and the Justice of the Peace shall sign and initial the

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container.

52 Barbados – Evidence Act Cap. 121, section 132B(3)
53 Barbados – Evidence Act Cap. 121, section 132B(4)
54 Barbados – Evidence Act Cap. 121, section 132B(5)
55 Barbados – Evidence Act Cap. 121, section 132B(6)
56 Barbados – Evidence Act Cap. 121, section 132B(7)
57 Barbados – Evidence Act Cap. 121, section 132C(1)
58 Barbados – Evidence Act Cap. 121, section 132C(2)
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