120FReport about prescribed offence detected by photographic detection device#

  1. (1)This section applies to a proceeding for a prescribed offence if, under section 120, the prosecution intends to rely on an image or a series of images, or a video or a series of videos, made by a photographic detection device as evidence of particular elements of the offence.
  2. (2)The prosecution may produce a report complying with this section in the proceeding.
  3. (3)The report must—
  4. (a)be made in the way prescribed by regulation for the photographic detection device; and
  5. (b)contain only 1 or more of the following—
  6. (i)a copy of the image or some or all of the images in the series, or a still image or images taken from the video or some or all of the videos in the series;
  7. (ii)a summary of the things depicted in the image or images, or the still image or images from the video or videos;
  8. (iii)for a copy of images in a series or still images of videos in a series—the numbers of the images or videos and the times they were taken, as identified under section 120(3);
  9. (iv)a matter mentioned in section 120A(4)(a), (b) or (c) or 120B(5)(a), (b), (c), (d) or (e);
  10. (v)a matter prescribed under subsection (4)(b); and
  11. (c)include a certification, or be accompanied by a certificate, signed by the commissioner stating that the report—
  12. (i)was properly made in the way prescribed under paragraph (a) for the photographic detection device; and
  13. (ii)contains only matters mentioned in paragraph (b).
  14. (4)If the way prescribed under subsection (3)(a) for a photographic detection device requires or otherwise involves analysis or a determination being made by a person, the regulation must state—
  15. (a)the class of appropriately qualified persons who may conduct the analysis or make the determination; and
  16. (b)the matters about the proper conduct of the analysis or making of the determination that must be stated in a report under this section.
  17. (5)A report produced under this section is evidence of the following—
  18. (a)the things depicted in a copy of an image, or a still image from a video, contained in the report;
  19. (b)if a copy of an image or still image from a video contained in the report has a marking or writing associated with the image or video—each thing in relation to the image or video that the marking or writing is prescribed to mean under a regulation;
  20. (c)a matter stated in a summary mentioned in subsection (3)(b)(ii) contained in the report;
  21. (d)a matter mentioned in subsection (3)(b)(iii), (iv) or (v) contained in the report.
Source: TORUM Act 1995 · page 326 Open PDF at this page Search this document