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Hazardous Substances Act, 1973 (Act No. 15 of 1973)

11. Further analysis or examination of samples

 

 

1) If evidence of an analysis or examination of a sample by an analyst is adduced in a prosecution under this Act, the court may. of its own motion or at the request of the prosecutor or, subject to the provisions of subsection (3), at the request of the accused, order a further analysis or examination of the remaining portion of the sample used for the first analysis or examination, or, if there is no such remaining portion and the inspector who obtained the sample has retained any pan of it in accordance with the regulations, of the part so retained by him.

 

2) Such further analysis or examination shall be carried out by an analyst designated by the court or, if an analyst is not readily available, by any competent person so designated.

 

3)
a) A request by the accused for such a further analysis or examination shall be granted only on condition that he deposits the prescribed fee.
b) Such fee shall be returned to the accused if he is acquitted on the charge to which the evidence relates, but if he is convicted the court may declare such fee or such part of it as the court may consider sufficient to defray the costs of the further analysis or examination, to be forfeited to the State.