Dangerous Drugs Ordinance (Cap. 101)

Dangerous Drugs Ordinance (Cap. 101), article 22E

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22E. (1) At the commencement of proceedings under article 22, the drug in respect of which a person is charged shall be exhibited materially in court, as far as possible, and the foll owing procedure shall be followed. (2) The court shall appoint a photographic expert to take pictures, as shall be indicated by the court, of the drug in it s containers, wrappings, packages or receptacles, and shall also appoint an expert to analyse and establish the exact quantity, kind and form and give the most accura te description of the drug, an d to take samples thereof for p reservation as evidence. ( 3 ) T h e e x p e r t s s h a l l , a s e a r l y a s p o s s i b l e , f i l e i n c o u r t a n d confirm on oath a written report of their findings, together wi th the photographs and samples aforementioned. (4) The court, upon being satisfied with such report or reports shall proceed to have the drug, o ther than the samples, destroy ed under its supervision and draw up a procès-verbal. (5) The procès-verbal shall be deemed to have been regularly drawn up if it contains a short de scription of the drug, the ex perts report or reports are attached t hereto and it is signed by the court. (6) The procès-verbal drawn up as aforesaid shall be evidence of its contents in any criminal proceedings. (7) The provisions of sub-article (2) shall not apply where the drug has already been photographed and analysed by experts appointed in the course of the inquiry relating to the in genere , 26 CAP. 101.] DANGEROUS DRUGS unless the court, in the particul ar circumstances of the case, shall deem it necessary to have the drug photographed and analysed again. (8) The omission of any of the precautions or formalities referred to in this article shall be no bar to proving, in any manner allowed by law, the facts to which such precaution or formality relates. Definition of the expression "corresponding law". Substituted by: VI.1994.15.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.