SECTION 41

Evidence

41.(1) In any prosecution for an offence, a certificate, report or other document, appearing to have been signed by the Minister or by an inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it

(2) In any prosecution for an offence, a copy made by an inspector under Section 15 and appearing to have been certified under the inspector's signature as a true copy is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

(3) No certificate, report or copy shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced, reasonable notice of that intention together with a duplicate of the certificate, report or copy.

BEHIND THE WORDS

Unless the accused brings evidence to the contrary, certain documents will be admissible without further proof required that the inspector signed them, assuming the notice provisions in 41(3) have been complied with.

COURT DECISIONS OF INTEREST

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