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SEEDS ACT (NORTHERN IRELAND) 1965 - SECT 9

Use of samples in criminal proceedings.

9.(1) Evidence shall not be adduced in proceedings for an offence under
this Act respecting a sample taken by an authorised officer unless the sample
was taken in the manner prescribed by seeds regulations.

(2) Seeds regulations shall provide for the sample being divided into at least
three parts, and for one of the parts being given to the owner of the seeds or
to such other person as may be prescribed by seeds regulations, and shall also
provide for a third part of the sample to be retained for production in all
cases where use of it may be made by the court under this section.

(3) A certificate in the form prescribed by seeds regulations purporting to be
issued by an authorised officer and stating that a sample was taken in the
prescribed manner shall be sufficient evidence of the facts stated in the
certificate.

(4) If part of a sample taken by an authorised officer is sent to the chief
officer of an official testing station, it shall be so sent as soon as
practicable after the sample is taken, and the person to whom any other part
of the sample is given shall be informed before the first-mentioned part is
sent.

(5) A copy of a certificate issued by an official testing station stating the
result of a test or part of a sample taken by an authorised officer shall be
sent to the person to whom any other part of the sample is given.

(6) In any proceedings for an offence under this Act in respect of seeds which
have been sampled by an authorised officer, the summons shall not be made
returnable less than fourteen days from the day on which the summons or
complaint is served and a copy of any certificate of an
official testing station which the prosecutor intends to adduce as evidence
shall be served with the summons or complaint.

(7) In proceedings for including in a statutory statement false particulars
concerning matters which are under seeds regulations to be ascertained, for
the purpose of the statement, by a test of the seeds, if any sample of the
seeds has been taken by an authorised officer, the third part of that sample
required by seeds regulations to be retained as mentioned in subsection (2)
shall be produced at the hearing.

(8) The court may, if it thinks fit, on the request of either party, cause the
part so produced to be sent to the chief officer of an
official testing station, in order to obtain, for the information of the
court, a certificate of the result of a test of that part of the sample.

(9) If, in a case where an appeal is brought, no action has been taken under
subsection (8) the provisions of that subsection shall apply also to the court
by which the appeal is heard.

(10) A sample taken before the coming into force of this Act in accordance
with section 4 of the Seeds Act 1920 shall be regarded as taken in the
prescribed manner for the purposes of subsection (1).

© 1965 Crown Copyright

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