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CRIMINAL PROCEDURE ACT 1986 - SECT 283
Law enforcement devices
283 Law enforcement devices
(1) A certificate-- (a) that would, by virtue of a provision of Division 5 of
Part 5.3 of, or Division 2 of Part 5 of Schedule 3 to, the Road Transport Act
2013 , be admissible in proceedings for an offence under that Act as evidence
of the particulars certified in and by the certificate, or
(b) that would, by
virtue of section 33, 33D, 35, 46, 47, 47B, 57 or 57B of the former
Road Transport (Safety and Traffic Management) Act 1999 (as continued in
effect under Schedule 4 to the Road Transport Act 2013 ), be admissible in
proceedings for an offence under the former Act as evidence of the particulars
certified in and by the certificate, or
(c) that would, by virtue of clause
27 or 29 of Schedule 1 to the Marine Safety Act 1998 , be admissible in
proceedings for an offence under that Act as evidence of the particulars
certified in and by the certificate,
is admissible in all criminal proceedings
as evidence of those particulars.
(2) Despite subsection (1), such a
certificate is not admissible in proceedings under the Drug Misuse and
Trafficking Act 1985 as evidence of the use or administration, by the person
to whom the certificate relates, of any prohibited drug within the meaning of
that Act.
(3) Evidence is not required in any criminal proceedings-- (a) as
to the accuracy or reliability of any approved traffic enforcement device or
breath analysing instrument to which such a certificate relates, or
(b) as to
the manner in which any approved traffic enforcement device or
breath analysing instrument to which such a certificate relates was operated,
unless evidence is adduced that the device or instrument was not accurate, was
not reliable or was not properly operated.
(4) A photograph-- (a) that would,
by virtue of a provision of Division 5 of Part 5.3 of the
Road Transport Act 2013 , be admissible in proceedings under that Act as
evidence of the matters shown or recorded on the photograph, or
(b) that
would, by virtue of section 47, 47B, 57 or 57B of the former
Road Transport (Safety and Traffic Management) Act 1999 (as continued in
effect under Schedule 4 to the Road Transport Act 2013 ), be admissible in
proceedings under the former Act as evidence of the matters shown or recorded
on the photograph,
is admissible in all criminal proceedings as evidence of
those matters.
(5) In this section--
"approved traffic enforcement device" means any of the following-- (a) an
approved traffic enforcement device (within the meaning of the Road Transport
Act 2013 ),
(b) an approved average speed detection device, approved camera
detection device, approved camera recording device, approved speed measuring
device or approved traffic lane camera device (within the meaning of the
former Road Transport (Safety and Traffic Management) Act 1999 ).
"breath analysing instrument" means any of the following-- (a) a
breath analysing instrument (within the meaning of the Road Transport Act
2013 ),
(b) a breath analysing instrument (within the meaning of the former
Road Transport (Safety and Traffic Management) Act 1999 ).
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