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Territorial Sea and Exclusive Economic Zone Acts 1977-1985 (By Parliamentary Counsel)  014
III: Miscellaneous Provisions
32A   Certificates as evidence




   [32A. Certificates as evidence---(1) Subject to subsection (2) of this
 section, in any proceedings for an offence against this Act or any
 regulations made under this Act, any certificate purporting to be signed
 by any serviceman within the meaning of the Defence Act 1971 and---
   (a) Stating the position of any foreign fishing craft at any date and
         time specified in the certificate; or
   (b) Stating that the serviceman is satisfied that the equipment used
         to determine the position of any foreign fishing craft was in
         proper working order and that the equipment was accurate within
         specifications detailed in the certificate; or
   (c) Stating both the matters referred to in paragraph (a) and the
         matters referred to in paragraph (b) of this subsection---

 shall be sufficient evidence of the facts stated until the contrary is
 proved.

   (2) A certificate referred to in subsection (1) of this section shall
 be admissible in evidence only if---
   (a) At least 28 days before the hearing at which the certificate is
         tendered, a copy of that certificate is served, by or on behalf
         of the prosecutor, on the defendant or his agent or counsel, and
         that person is, at the same time, informed in writing that the
         prosecutor does not propose to call the person who signed the
         certificate as a witness at the hearing; and
   (b) The Court has not, on the application of the defendant made not
         less than 14 days before the hearing, ordered, not less than 7
         days before the hearing or such lesser period as the Court in
         the special circumstances of the case thinks fit, that the
         certificate should not be admissible as evidence in the
         proceedings.

   (3) The Court shall not make an order under subsection (2) of this
 section unless it is satisfied that there is a reasonable doubt as to
 the accuracy or validity of a certificate.]

       This section was inserted by s. 2 of the Territorial Sea and
     Exclusive Economic Zone Amendment Act 1985.
       In subs. (1), as to a serviceman within the meaning of the Defence
     Act 1971, see now a member of the Defence Force as defined in s. 2
     (1) of the Defence Act 1990.
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