Page 359 - Magistrates Conference 2019
P. 359

Where subsection (2) above has been complied with in relation to a sample, the police officer
               who took the sample shall sign and date a certificate in the form set out in the Fifth Schedule,

               (Which certificate shall be countersigned and dated by the Justice of the Peace) and shall render
                                                                                  59
               the certificate, along with the sample, to the Commissioner of Police.

               The Commissioner of Police shall refer the sample to an authorised analyst for analysis; and in
               this section and sections 132D and 132E "authorised analyst" means a person who is authorised

               by the Minister responsible for Health by notice in the Gazette to analyse any substance for the

                                       60
               purposes of this section.
               Where an authorised analyst has made an analysis of a sample as above, he shall make and sign a

               report to the Commissioner of Police stating that the sample was  referred to him by the
               Commissioner, specifying the nature and the amount of the sample and setting forth the result of

                           61
               his analysis.
               Within 14 days of receipt of a certificate under subsection (3) or of a report under subsection (5),

               whichever is later, the Commissioner shall serve copies of the certificate and the report on the
                                                                                             62
               accused or his attorney-at-law or his agent either in person or by registered post.

               Where it is desired to use a sample in evidence by virtue of section 132C in a trial, the originals
               of a certificate rendered under subsection (3), and of a report made under subsection (5), 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

                                                                               63
               prima facie evidence of the authorisation of the authorised analyst.
               As soon as may be practicable after receiving an authorised analyst's report under section 132C

               (5) relating to a sample, the Commissioner of Police shall dispose of the remainder of the

               substance from which the sample was taken by destroying it or otherwise dealing with it as the
                                          64
               circumstances may require.



               59  Barbados – Evidence Act Cap. 121, section 132C(3)
               60  Barbados – Evidence Act Cap. 121, section 132C(4)
               61  Barbados – Evidence Act Cap. 121, section 132C(5)
               62  Barbados – Evidence Act Cap. 121, section 132C(6)
               63  Barbados – Evidence Act Cap. 121, section 132D
               64  Barbados – Evidence Act Cap. 121, section 132E
                                                                                                           21
   354   355   356   357   358   359   360   361   362   363   364