Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 54

54 Proof of identity of a person convicted

(1) If a person (the
"alleged offender" ) is alleged to have been convicted in Queensland, the Commonwealth or another State or Territory of an offence, an affidavit that complies with subsection (2) is proof, unless the contrary is proved, the alleged offender—

(a) has been convicted of an offence stated in the affidavit under subsection (2) (c) (iii) ; and

(b) is the person who is referred to as having been convicted in a certificate of conviction exhibited to the affidavit under subsection (2) (b) .

(2) The affidavit must—

(a) purport to be made by an expert; and

(b) exhibit a certificate of conviction for the offence the alleged offender is alleged to have been convicted of; and

(c) state the following—

(i) the expert’s field of expertise;

(ii) the process and evidence used by the expert to determine the identity of the alleged offender based on available identifying records;

(iii) any offence that, based on the results of the expert’s determination mentioned in subparagraph (ii) , a police record states the alleged offender has been convicted of;

(iv) that, based on the results of the expert’s determination mentioned in subparagraph (ii) , and the police record mentioned in subparagraph (iii) , the expert believes that the alleged offender is the person who is referred to as having been convicted in the certificate of conviction exhibited to the affidavit under subsection (2) (b) .

(3) If a party to a proceeding intends to rely on the affidavit (the
"relying party" ), the party must give a copy of the affidavit to each other party to the proceeding—

(a) at least 10 business days before the hearing day; or

(b) if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a) —by a later date allowed by the court.

(4) If a party to the proceeding, other than the relying party, intends to challenge a matter stated in the affidavit, the party must give the relying party notice in writing of the matter to be challenged—

(a) at least 3 business days before the hearing day; or

(b) if subsection (3) (b) applies and, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a) —by a later date allowed by the court.

(5) If a party to the proceeding (the
"notifying party" ) gives the relying party a notice under subsection (4) , then, unless the notifying party otherwise agrees, the relying party must ensure that the expert is available at the hearing of the proceeding for cross-examination on the affidavit.

(6) In this section—

"certificate of conviction" , for an offence, means a document purporting to be the certificate of conviction, or a certified copy of the certificate of conviction, for the offence.

"corresponding law" , in relation to a provision of a Queensland law, means a law of the Commonwealth or another State or Territory corresponding, or substantially corresponding, to the provision.

"DNA sample" see the Police Powers and Responsibilities Act 2000 , schedule 6 .

"expert" means a person who is qualified to give opinion evidence as an expert witness in relation to the identity of a person based on the type of identifying records used by the expert to determine the identity of the alleged offender under subsection (2) (c) (ii) .

"hearing day" means the day fixed for the start of the hearing of the proceeding.

"identifying particulars" see the Police Powers and Responsibilities Act 2000 , schedule 6 .

"identifying records" , of a person, means—

(a) any identifying particulars of the person taken under the Police Powers and Responsibilities Act 2000 , chapter 17 , part 4 or a corresponding law; or

(b) the results of a DNA analysis performed, under the Police Powers and Responsibilities Act 2000 , chapter 17 , part 5 or a corresponding law, on a DNA sample taken from the person under that part or a corresponding law; or

(c) a DNA sample taken from the person under the Police Powers and Responsibilities Act 2000 , chapter 17 , part 5 or a corresponding law.

"party" , to a proceeding, means—

(a) for a criminal proceeding—the prosecutor and each accused person; or

(b) for a civil proceeding—each person who is a party to the proceeding; or

(c) for another proceeding—each person who has been given leave to appear in the proceeding.