Part 1

Criminal justice modernisation

Modernisation of criminal procedures

Authentication of electronic copy documents
6
1
Schedule 8 (documentary evidence in criminal proceedings) of the Criminal Procedure (Scotland) Act 1995 is modified as follows.
2
After paragraph 1(1), insert—
1A
For the purposes of any criminal proceedings, where—
a
a copy of, or of a material part of, a document is stored on the digital evidence storage system, and
b
either—
i
the copy was created by the document, or the material part, being uploaded to that system from another electronic device (“the initial copy”), or
ii
the copy is a subsequent version of the initial copy,
the copy is to be deemed and treated as mentioned in sub-paragraph (1) unless, in the case mentioned in paragraph (b)(ii), the court otherwise directs.
1B
The court may direct that a copy of a document, or of a material part of a document, to which sub-paragraph (1) or (1A) does not apply is to be deemed and treated as mentioned in sub-paragraph (1)(a) and (b).
.
3
After paragraph 1(2), insert—
2A
This paragraph is without prejudice to section 279A(2) (evidence from certain official documents).
.
4
In paragraph 1(3), for “a transcript or reproduction” substitute
—
a
a transcript,
b
a reproduction,
c
a document uploaded to an electronic device from another electronic device.
.
5
In paragraph 6(1)(b), after “1(1),” insert “1(1A)(b)(ii),”.
6
In paragraph 8, after the definition of “criminal proceedings” insert—
- “digital evidence storage system” means—
  1. the system operated by the Police Service of Scotland for the digital storage, sharing and presentation of evidence in criminal investigations and proceedings known as the Digital Evidence Sharing Capability, or
  2. such other digital system as may be prescribed,
.
S. 6 not in force at Royal Assent, see s. 34(4)