SCHEDULES
E1SCHEDULE 3 Provisions Supplementary to Sections 68 and 69
Part I Provisions Supplementary to Section 68
1–7F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Provisions Supplementary to Section 69
8
In any proceedings where it is desired to give a statement in evidence in accordance with section 69 above, a certificate—
a
identifying the document containing the statement and describing the manner in which it was produced;
b
giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer;
c
dealing with any of the matters mentioned in subsection (1) of section 69 above; and
d
purporting to be signed by a person occupying a responsible position in relation to the operation of the computer,
shall be evidence of anything stated in it; and for the purposes of this paragraph it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
9
Notwithstanding paragraph 8 above, a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that paragraph.
10
Any person who in a certificate tendered under paragraph 8 above in a magistrates’ court, the Crown Court or the Court of Appeal makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum (as defined in section 74 of the M1Criminal Justice Act 1982) or to both.
11
In estimating the weight, if any, to be attached to a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular—
a
to the question whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information; and
b
to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts.
12
For the purposes of paragraph 11 above information shall be taken to be supplied to a computer whether it is supplied directly or (with or without human intervention) by means of any appropriate equipment.
Part III Provisions Supplementary to Sections 68 and 69
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14
For the purpose of deciding whether or not a statement is so admissible the court may draw any reasonable inference—
a
from the circumstances in which the statement was made or otherwise came into being; or
b
from any other circumstances, including the form and contents of the document in which the statement is contained.
15
Provision may be made by rules of court for supplementing the provisions of section 68 or 69 above or this Schedule.
Re extent of Sch. 3 see s. 120(6)(7)(8).