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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 July 2023 - onwards
Version 3 of 3

25. Evidential matters.

(1) In any proceedings against a person for an offence under section 24(2), a written statement by a member of the Garda Síochána in respect of the making of a requirement under section 24(1) or carrying out an examination under that subsection or both shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be sufficient evidence of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member with the requirements imposed on him or her under section 24(1).

(2) The conditions referred to in subsection (1) are-

(a) the statement purports to be signed by the member of the Garda Síochána who made it,

(b) the statement contains a declaration by that member of the Garda Síochána to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and

(c) a copy of the statement is served on the accused.

(3) A copy of a statement required by this section to be served on a person may, be served-

(a) by delivering it to him or her,

(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or