Statutory Evidentiary Shortcut
Definition
A legislative provision that allows a forensic report or certificate to be admitted as evidence and given weight without the examiner testifying in person, provided prescribed formalities are met and the report is not formally challenged.
- Effect
- Admits a forensic report without examiner testimony
- Condition
- Prescribed formalities must be met
- Limit
- Report must not be formally challenged
- Source
- Created by legislation, not case law
Common questions
What happens if the defence formally challenges a report covered by this provision?+
Once a formal challenge is raised, the shortcut typically lapses and the examiner must be called to give live testimony and be cross-examined, so the provision functions as a default that saves court time only in unopposed cases.
Why do legislatures create this kind of shortcut instead of always requiring live testimony?+
Routine, uncontested forensic findings, such as a standard chemical analysis, would otherwise tie up examiners and court time for evidence nobody disputes, so the shortcut reserves live testimony for cases where the reliability of the report is actually in issue.
Related terms
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- Notice-and-Demand
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- Section 9 Statement (CJA 1967)
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