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

22. Time limits and other requirements in connection with prosecution



1) In any criminal proceedings under this Act the period between the service of the summons and the commencement of the trial shall not be less than 10 days.


a) Subject to the provisions of paragraph (b), no prosecution for a contravention of a provision of this Act disclosed by the analysis or examination of a sample shall be instituted after sixty days from the date on which the sample was obtained for the purpose of such analysis or examination.
b) The provisions of paragraph (a) shall not apply to proceedings against any person who furnished a warranty in respect of the substance of which the sample in question was obtained.


3) A copy of any certificate or report by an analyst which the prosecutor intends to produce in evidence in any prosecution under this Act, shall be served on the accused with the summons.


4) If the accused has within three days after having been so served with a copy of a certificate or report, demanded in writing that the analyst who furnished the certificate or report be called as a witness at the trial, and has paid or tendered to the prosecutor a sum of money sufficient to defray the expenses incidental to the calling and attendance of the said analyst as a witness, and if the prosecutor produces the certificate or report in evidence at the trial, the prosecutor shall call the said analyst as a witness at such trial.


5) The accused may, instead of requiring the calling of the said analyst as a witness, submit to him written interrogatories approved by the court, and such interrogatories and any reply thereto, purporting to be a reply from the said analyst, shall be admissible in evidence in the proceedings.