Criminal Procedure (Scotland) Act 1995

284 Evidence in relation to fingerprints. S

(1) For the purpose of any criminal proceedings, a certificate purporting to be signed by [F1 a person authorised in that behalf by a chief constable] and certifying that [F1 relevant physical data (within the meaning of section 18(7A) of this Act) was taken from or provided by]a person designated in the certificate at a time , date and place specified therein shall, subject to subsetion (2) below, be sufficient evidence of the facts contained in the certificate.

[F2 (2) A party proposing to rely on subsection (1) above (“the first party”) shall, not less than 14 days before the [F3 relevant] diet, serve on any other party to the proceedings a copy of the certificate, and [F4 , if that other party serves on the first party, not more than seven days after the date of service of the copy on him, a notice that he does not accept the evidence contained in the certificate, subsection (1) above shall not apply in relation to that evidence.]

(2A) Where the first party does not serve a copy of the certificate on any other party as mentioned in subsection (2) above, he shall not be entitled to rely on subsection (1) above as respects that party.]

[F5 (2B) In subsection (2) above, “the relevant diet” means—

(a) in the case of proceedings in the High Court, the preliminary hearing;

(b) in any other case, the trial diet.]

(3) A copy certificate or notice served in accordance with subsection (2) above shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy or notice together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service.

Textual Amendments

F1 Words in s. 284(1) substituted (1.8.1997) by 1997 c. 48, s. 47(4)(a)(i)(ii); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F2 S. 284(2)(2A) substituted (1.8.1997) for s. 284(2) by 1997 c. 48, s. 47(4)(b); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F3 Word in s. 284(2) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 53(a); S.S.I. 2004/405, art. 2(1), Sch. 1 (with savings in arts. 3-5)

F4 Words in s. 284(2) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 54, 89 (with savings in S.S.I. 2003/287, art. 3); S.S.I. 2003/288, art. 2, Sch.

F5 S. 284(2B) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 53(b); S.S.I. 2004/405, art. 2(1), Sch. 1 (with savings in arts. 3-5)