Section 77: Photographic evidence

77. Photographic evidence (1) Where a photograph is taken of any fishing or related activity and simultaneously the date and time and position from which the photograph is taken are superimposed upon the photograph, it shall be prima facie evidence that the photograph was taken on the date, at the time and in the position so appearing. (2) The provisions of subsection (1) shall apply only when— (a) the camera taking the photograph is connected directly to the instruments which provided the date, time and position concerned; (b) the instruments which provide the date, time and position are recognised as being accurate and were checked by the fishery control officer, as soon as possible after the taking of the photograph against such instruments; and (c) the photograph was taken by a fishery control officer. (3) Any fishery control officer who takes a photograph of the kind described in subsection (1) may give a certificate appending the photograph stating— (a) his name, address, official position and place of appointment; (b) the name and call sign, if known, of any fishing boat or fishing vessel appearing in the photograph; F15 – 41 [Issue 2] Fisheries and Marine Resources Act (c) the type of camera and other devices supplying the date and time and of the position fixing instrument; (d) that he checked those devices and instruments a reasonable time before and after the taking of the photograph and that they all appeared to be working correctly; and (e) the accuracy of the position fixing instrument used within specified limits.