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The Road Traffic Offenders (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Admissibility of records as evidence

16.—(1) This Article applies to a statement contained in a document purporting to be—

(a)a part of the records maintained by the Department in connection with any functions exercisable by the Department by virtue of the Road Traffic Orders or a part of any other records maintained by the Department with respect to vehicles; or

(b)a copy of a document forming part of those records; or

(c)a note of any information contained in those records;

and to be authenticated by a person authorised in that behalf by the Department.

(2) A statement to which this Article applies shall be admissible in any proceedings as evidence of any fact stated therein to the same extent as oral evidence of that fact is admissible in those proceedings.

(3) In paragraphs (1) and (2)—

(a)“document” and “statement” have the same meanings as in section 6(1) of the [1971 c. 36 (N.I.).] Civil Evidence Act (Northern Ireland) 1971, and

(b)the reference to a copy of a document shall be construed in accordance with section 6(2) of that Act.

Nothing in this paragraph shall be construed as limiting to civil proceedings the references to proceedings in paragraphs (1) and (2).

(4) In any case where—

(a)a statement to which this Article applies is produced to a court of summary jurisdiction in any proceedings for an offence involving obligatory or discretionary disqualification,

(b)the statement specifies an alleged previous conviction of an accused person of any such offence or any order made on the conviction,

(c)it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed by magistrates' courts rules, that not less than 7 days before the statement is so produced a notice was served on the accused, in such form and manner as may be so prescribed, specifying the previous conviction or order and stating that it is proposed to bring it to the notice of the court in the event of or, as the case may be, in view of his conviction, and

(d)the accused is not present in person before the court when the statement is so produced,

the court may take account of the previous conviction or order as if the accused had appeared and admitted it.

(5) Nothing in this Article shall enable evidence to be given with respect to any matter other than a matter of a description prescribed by magistrates' courts rules.

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