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
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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
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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
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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
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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
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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
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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
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