Version Superseded: 01/02/2005
Point in time view as at 01/08/1997. This version of this provision has been superseded.
Criminal Procedure (Scotland) Act 1995, Section 282 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)For the purposes of any criminal proceedings, evidence given by an authorised forensic scientist, either orally or in a report purporting to be signed by him, that a substance which satisfies either of the conditions specified in subsection (2) below is—
(a)a particular controlled drug or medicinal product; or
(b)a particular product which is listed in the British Pharmacopoeia as containing a particular controlled drug or medicinal product,
shall, subject to subsection (3) below, be sufficient evidence of that fact notwithstanding that no analysis of the substance has been carried out.
(2)Those conditions are—
(a)that the substance is in a sealed container bearing a label identifying the contents of the container; or
(b)that the substance has a characteristic appearance having regard to its size, shape, colour and manufacturer’s mark.
(3)A party proposing to rely on subsection (1) above (“the first party”) shall, not less than 14 days before the trial diet, serve on the other party (“the second party”)—
(a)a notice to that effect; and
(b)where the evidence is contained in a report, a copy of the report,
and if the second party serves on the first party, not more than seven days after the date of service of the notice on him, a notice that he does not accept the evidence as to the identity of the substance, subsection (1) above shall not apply in relation to that evidence.
(4)A notice or copy report served in accordance with subsection (3) 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 notice or copy together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service.
(5)In this section—
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