HL Deb 23 May 1968 vol 292 c880

[No. 24.]

Clause 30, page 17, line 35, at end insert— ("(3) In any proceedings under this Act in Scotland, a certificate received in evidence by virtue of this section or, where the attendance of a person issuing a certificate is required under subsection (2)(b) of this section, the evidence of that person, shall be sufficient evidence of the matters stated in the certificate. (4) For the purposes of this section any document purporting to be such a certificate as is mentioned in this section shall be deemed to be such a certificate unless the contrary is shown.")


My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 24. This Amendment remedies two deficiencies in Clause 30, which is designed to enable evidence to be given by certificate about technical matters which are not in dispute, so that witnesses should not have to attend court to testify to those matters. The new subsection (3) is needed if the clause is to achieve its purpose in Scotland, because evidence in proceedings in Scotland must be corroborated unless it is provided that it shall be sufficient evidence. The new subsection (4) is necessary to ensure that if the prosecution enters a certificate in evidence, they will not have to prove that it is what it purports to be. It puts the onus on a defendant who wishes to challenge the certificate to prove that it is not genuine.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Winterbottom.)

On Question, Motion agreed to.