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July 2002
66.22 Use in Civil Proceedings
The Civil Evidence Act 1995 states that a document which is shown to be part of the records of a business may be received in evidence in civil proceedings without further proof. A copy of the document is admissible and it is immaterial how many removes there are between a copy and its original. This enables the image or the printout to be used in civil proceedings.
Notes: [Civil Evidence Act 1995 s8 and s9]66.23 Use in criminal proceedings
The level of proof in criminal proceedings is higher than in civil proceedings. A statement in a document is admissible evidence if it forms part of a record compiled from information supplied by someone who had personal knowledge of the matters dealt with in that information. A document produced by a computer will not be admissible unless it can be shown that there are no reasonable grounds for believing that the statement is inaccurate because of improper use of the computer and at all material times the computer was operating properly.
Notes: [Police and Criminal Evidence Act 1984 s68 and s69]66.24 CUST to provide a witness
In the event that it is necessary, CUST will provide a member of staff to act as a witness in Court to testify how the image of the computerised accounting records was taken and a copy of the CUST log can be exhibited (see paragraph 66.12).
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