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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 20 March 2014 - onwards
Version 3 of 3

81. Evidence in relation to speeding and certain other offences.

(1) The onus of establishing prima facie proof of a constituent of an offence (including the speed at which a person, whether the accused or another person, was driving) under section 47, 52, 53, 55, 91, 92, 93 or 94 of the Principal Act, section 35 of the Act of 1994 or section 138 of the Railway Safety Act 2005 may be discharged by tendering evidence from which that constituent can be inferred of measurements or other indications which were given by -

(a) electronic or other apparatus (including a camera) capable of providing a permanent record (including a permanent visual record) and are contained in such a record produced by it, or

(b) electronic or other apparatus (including a radar gun) which is not capable of producing a permanent record.

It is not necessary to prove that the electronic or other apparatus was accurate or in good working order.

(2) In proceedings for an offence referred to in subsection (1) -