Computer based evidence, which says what would have been said by the person making the record, remains hearsay, and is inadmissible without statutory provision otherwise. There is no exception for summary civil proceedings for the collection of community charge arrears. Legislation in the Magistrates court had made computer based evidence admissible but only for criminal proceedings. The crucial distinction is between ‘computer print-outs containing information implanted by a human, and print-outs containing records produced without human intervention’. Critical inputs into the computer had been of information either wholly or in part implanted by human agency and were thus inadmissible in evidence. The information showing the amount of the arrears due in respect of community charges had been inputted by a person so that the printout in such circumstances was tantamount to a statement made by the person who fed the data into the machine.
Citations:
Gazette 15-Apr-1992, (1992) 95 CAR 175
Statutes:
Police and Criminal Evidence Act 1984
Cited by:
Cited – E v London Borough of Islington Admn 25-Feb-1997
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Lists of cited by and citing cases may be incomplete.
Criminal Evidence, Rating
Updated: 09 April 2022; Ref: scu.86454