Criminal Evidence Act 1992

Evidence of admissibility.

6

6. (1) In relation to information contained in a document which a party to criminal proceedings wishes to give in evidence by virtue of section 5 , a certificate—

( a) stating that the information was compiled in the ordinary course of a specified business,

( b) stating that the information is not of a kind mentioned in paragraph (a) or (b) of section 5 (3) ,

( c) either stating that the information was not compiled for the purposes or in contemplation of any investigation, inquiry or proceedings referred to in section 5 (3) (c) or, as the case may be, specifying which of the provisions of section 5 (4) applies in relation to the document containing the information,

( d) stating that the information was supplied, either directly or, as the case may be, indirectly through an intermediary or intermediaries (who, or each of whom, received it in the ordinary course of a specified business), by a person who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in the information and, where the intermediary, intermediaries or person can be identified, specifying them,

( e) in case the information is information in non-legible form that has been reproduced in permanent legible form, stating that the reproduction was effected in the course of the normal operation of a specified system,

( f) where appropriate, stating that the person who supplied the information cannot reasonably be expected to have any, or any adequate, recollection of the matters dealt with in the information, having regard to the time that has elapsed since he supplied it or to any other specified circumstances,

( g) unless the date on which the information was compiled is already shown on the document, specifying the date (or, if that date is not known, the approximate date) on which it was compiled,

( h) stating any other matter that is relevant to the admissibility in evidence of the information and is required by rules of court to be certified for the purposes of this subsection,

and purporting to be signed by a person who occupies a position in relation to the management of the business in the course of which the information was compiled or who is otherwise in a position to give the certificate shall be evidence of any matter stated or specified therein.

(2) For the purposes of subsection (1) it shall be sufficient for a matter to be stated or specified to the best of the knowledge and belief of the person stating or specifying it.

(3) Notwithstanding that a certificate may have been given pursuant to subsection (1), the court—

( a) shall, where a notice has been served pursuant to section 7 (2) objecting to the admissibility in evidence of the whole or any specified part of the information concerned, and

( b) may, in any other case,

require oral evidence to be given of any matter stated or specified in the certificate.

(4) If any person in a certificate given in evidence in any proceedings by virtue of subsection (1) makes a statement material in those proceedings which he knows to be false or does not believe to be true, he shall be guilty of an offence and shall be liable—

( a) on summary conviction, to a fine not exceeding £500 or imprisonment for a term not exceeding 6 months or both, or

( b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or both.

Annotations:

Editorial Notes:

E15

Offence under section deemed to be a serious offence for purposes of Communications (Retention of Data) Act 2011 (26.01.2011) by Communications (Retention of Data) Act 2011 (3/2011), s. 1 and sch. 1, commenced on enactment.