Orders for detention of light buses.
(d) that such notice contained the particulars
required by subsection (3),
shall be admitted in evidence in proceedings under this Part on its production by the prosecution without further proof, and it shall on such production---
(be presumed, until the contrary is proved, that the certificate is signed by a police officer:
(ii) be presumed conclusively that the notice was
duly served: and
(iii) be presumed conclusively that the notice contained the particulars required by sub- section (3).
(5) A certificate purporting to be signed by or on behalf of the Commissioner and stating-
(d) that the person specified therein was at the date of issue of a notice under this section the registered owner of the vehicle to which the certificate relates; and
(b) that the address specified therein was at such date the registered address of that person, shall be admitted in evidence in proceedings under this Part on its production by the prosecution without further proof, and on such production-
(i) until the contrary is proved, it shall be presumed that the certificate is signed by or on behalf of the Commissioner; and
(ii) such certificate shall be prima facie evidence
of the facts stated therein.
26D. (1) Where an application is made under section 26B and the court is satisfied that-
(a) a person has been found guilty of an offence referred to in subsection (1) of section 26B; and
(b) a notice has been served in accordance with
section 260,
it shall, notwithstanding that no person claiming to be the owner of the light bus has appeared before the court, order that the light bus be detained for seven days unless it considers that for any special reason such an order should not be made.
(2) For the purposes of this section. "special reason shall have the meaning that it has for the
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Powers of
purposes of the provisions of this Ordinance relating to disqualification of persons for holding a driving licence, but the fact that a person-
(a) was not aware of the commission of the
offence;
(6) did not permit the commission of the
offence;
(c) had taken reasonable steps to prevent the
commission of the offence; or
(d) has acquired title to the vehicle since the
commission of the offence,
shall not be a special reason.
(3) On an application under section 263– (d) where the court before which the applica- tion is made is the court in which the pro- ceedings for the offence were heard, the court shall take judicial notice of the finding of guilt and of any facts admitted or proved in the proceedings: and
(b) in all other cases a certified true copy of the record of the proceedings for the offence. including the finding of guilt, shall be admis- sible in evidence.
(4) A detention order shall direct that the light bus be delivered to the Commissioner at such place and on such date as the court specifies, being a day not less than twenty-one days nor more than ninety days after the making of the order.
26E. (1) If a light bus is not delivered to the police officer Commissioner in accordance with a detention order. if detentionE
order not complied with.
any police officer-
(a) may seize the light bus; and
(b) subject to subsection (2), shall thereupon remove it forthwith to the place specified in the detention order.
(2) If at the time when a light bus is seized, it is not convenient for the police officer to remove it directly to the place specified in the detention order, be may take the vehicle to a police station and there- after a police officer shall remove it to such place as soon as is convenient and in any event not later than seven days after the date of seizure.