Article 8 Offences: further provisionsI1
United Kingdom Not yet in force
In any proceedings for an offence under this Order, a document signed by or on behalf of the Secretary of State stating whether or not a relevant authorisation has been granted, and (where such an authorisation has been granted) its terms, shall be admissible as evidence for the purposes of determining whether activities have been carried out without, or contrary to any provision of, such an authorisation.
Nothing in paragraph (1) makes a document admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.
Nothing in paragraph (1) makes a document admissible as evidence in proceedings for an offence—
unless a copy of it has, not less than seven days before the hearing or trial, been served on the person charged with the offence, or
if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves a notice on the prosecutor requiring attendance at the trial of the person who signed the document.
Where the proceedings mentioned in paragraph (1) are proceedings before a magistrates' court inquiring into an offence as examining justices this article shall have effect with the omission of—
paragraph (2), and
in paragraph (3), sub-paragraph (b) and the word “or” immediately preceding it.
Annotations
Commencement
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Art. 8 in force at 18.11.2019 as notified in the London Gazette (issue 62919, published 14.2.2020), see art. 1(2)