Chapter:	8	Title:	EVIDENCE ORDINANCE	Gazette Number:	L.N. 362 of 1997
Section:	22A	Heading:	Documentary evidence in criminal proceedings from computer records	Version Date:	01/07/1997

(1) Subject to this section and section 22B, a statement contained in a document produced by a computer shall be admitted in any criminal proceedings as prima facie evidence of any fact stated therein if-

(a) direct oral evidence of that fact would be admissible in those proceedings; and
(b) it is shown that the conditions in subsection (2) are satisfied in relation to the statement and computer in question.

(a) that the computer was used to store, process or retrieve information for the purposes of any activities carried on by any body or individual;
(b) that the information contained in the statement reproduces or is derived from information supplied to the computer in the course of those activities; and
(c) that while the computer was so used in the course of those activities-
(i) appropriate measures were in force for preventing unauthorized interference with the computer; and
(ii) the computer was operating properly or, if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents.

(a) direct oral evidence of that fact would be admissible in those proceedings;
(b) it is shown that no person (other than a person charged with an offence to which such statement relates) who occupied a responsible position during that period in relation to the operation of the computer or the management of the relevant activities-
(i) can be found; or
(ii) if such a person is found, is willing and able to give evidence relating to the operation of the computer during that period;
(c) the document was so produced under the direction of a person having practical knowledge of and experience in the use of computers as a means of storing, processing or retrieving information; and
(d) at the time that the document was so produced the computer was operating properly or, if not, any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents,

(a) by a combination of computers operating over that period; or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,

(a) identifying the document containing the statement and describing the manner in which it was produced, and explaining, so far as may be relevant in the proceedings, the nature and contents of the document;
(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 to which the conditions mentioned in subsection (2) relate,

(a) where the certificate is tendered by the prosecution, on the defendant (or, if more than one, on each defendant) or his solicitor;
(b) where the certificate is tendered by a defendant, on the Secretary for Justice, (Amended L.N. 362 of 1997)

(a) information shall be taken to be supplied to a computer if it is supplied to it in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
(b) where, in the course of activities carried on by any individual or body, information is supplied with a view to its being stored, processed or retrieved for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;
(c) a document shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.