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