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The Police and Criminal Evidence (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

PART VIIIDOCUMENTARY EVIDENCE IN CRIMINAL PROCEEDINGS

Interpretation of Part VIII

67.—(1) In this Part “copy” and “statement” have the same meanings as in Part I of the Civil Evidence Act (Northern Ireland) 1971(1).

(2) Nothing in this Part shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.

Evidence from computer records

68.—(1) In any criminal proceedings, a statement in a document produced by a computer shall not be admissible as evidence of any fact stated therein unless it is shown—

(a)that there are no reasonable grounds for believing that the statement is inaccurate because of improper use of the computer;

(b)that at all material times the computer was operating properly, or if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents; and

(c)that any relevant conditions specified in rules under paragraph (2) are satisfied.

(2) Provision may be made by the rules mentioned in paragraph (3), requiring that in any criminal proceedings where it is desired to give a statement in evidence by virtue of this Article such information concerning the statement as may be required by those rules shall be provided in such form and at such time as may be so required.

(3) Those rules are—

(a)rules of court;

(b)Crown Court rules;

(d)magistrates' courts rules.

(4) Schedule 3 shall have effect for the purpose of supplementing this Article.

Microfilm copies

69.  In any criminal proceedings the contents of a document may (whether or not the document is still in existence) be proved by the production of an enlargement of a microfilm copy of that document or of the material part of it, authenticated in such manner as the court may approve.

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