Computer Generated Evidence In Court

Introduction

We atomic number 18 living in what is usually described as an information society and as the business community makes ever greater use of computers the courts atomic number 18 going to find that increasingly the disputes before them produce on evidence which has at some stage passed with or been processed by a computer. In swan to keep in step with this practice it is vital that the courts are able to take account of such(prenominal) evidence. As the cruel Law Revision Committee recognised, the increasing use of computers by the Post Office, local authorities, banks and business firms to store information bequeath make it more difficult to prove certain matters such as cheque card frauds, unless it is possible for this to be through with(p) from computers (CLRC 1972, para 259).

Admissibility

The impartiality of evidence is concerned with the means of proving the facts which are in issue and this necessarily involves the adduction of evidence which is then presented to the court. The law admits evidence march on if it complies with the rules governing admissibility. Computer output is only admissible in evidence where special conditions are satisfied. These conditions are set out in detail in surgical incision 69 of the Police and Criminal Evidence Act (PACE) 1984 (see further Nyssens 1993, Reed 1993 and wiretapper 1993).

In general the principles of admissibility are that the evidence must be relevant to the proof of a fact in issue, to the credibility of a witness or to the reliability of new(prenominal) evidence, and the evidence must not be inadmissible by virtue of some particular rule of law (Keane 1994, pp 15-20; Tapper 1990, pp 51-61).

Real evidence usually takes the form of some material reject (including computer output) produced for inspection in order that the court may draw an inference from its own...

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