C4

Prospective affecting provision: section inserted by Criminal Justice Act 2007 (29/2007), s. 12, not commenced as of date of revision.

F25[6C.— (1) Where the movements of a person are subject to electronic monitoring as a condition of the recognisance entered into by the person, evidence of his or her—

(a) presence or absence in or from a particular district or place at a particular time, or

(b) compliance or non-compliance with a condition imposed under section 6B(1)(ii) in relation to the wearing of an electronic monitoring device,

may, subject to this section, be given in any proceedings by the production of the following documents:

(i) a statement purporting to be generated automatically or otherwise by a prescribed device by which the person’s whereabouts were electronically monitored;

(ii) a certificate—

(I) that the statement relates to the whereabouts of the person at the dates and times shown in it, and

(II) purporting to be signed by an authorised person who is responsible for monitoring electronically the accused person’s compliance with a condition mentioned in subparagraph (i) or (iv) of section 6(1)(b) or in section 6B(1).

(2) Subject to subsection (3), in any proceedings the statement and certificate mentioned in paragraphs (i) and (ii) of subsection (1) are admissible as evidence of the facts contained in them, unless the contrary is shown.

(3) Neither the statement nor the certificate is so admissible unless a copy of it has been served on the person concerned before the commencement of the proceedings concerned.]