62.This section modifies the 1995 Act to make provision about the use of evidence in an electronic form in criminal proceedings.
63.Subsection (2) amends section 68 of the 1995 Act, inserting a new subsection (2A). This new inserted subsection (2A) provides that the existing entitlement of the accused (under section 68(2)) to see productions in the relevant court office does not apply where a production is in an electronic form and the accused is otherwise given an opportunity to examine it in that form. For example, where an accused person is provided with an opportunity to examine a CCTV recording at their solicitor’s premises, the requirements of section 68(2) do not apply.
64.Subsection (2)(c) and (d) amends section 68(3) of the 1995 Act and inserts a new subsection (3A). Section 68(3) sets out presumptions which apply where a person who has examined a production gives evidence on it and the production was lodged by a certain time. The presumptions are that the person who examined the production received and returned it in the same condition as it was given to them, and also that it is the same item which was taken possession of by the prosecutor/police. The amendment to subsection (3) provides that the subsection will also apply where the accused is otherwise given an opportunity to see the production in an electronic form and, in such a scenario, the relevant timescales in that subsection will run with reference to the date that such an opportunity is given. Subsection (3A) confirms that where the person adduced to give evidence has examined a physical item, but it is an image of that item that is the production in the proceedings, the presumptions discussed above apply to the physical item that was examined.
65.Subsection (3) amends section 71(2A) of the 1995 Act to ensure that applications for directions under section 279B(2) (see paragraph 69 of these Notes) can be considered by the court at a first diet.
66.Subsection (4) amends section 79 of the 1995 Act:
	Paragraph (a) amends subsection (2)(b) and inserts a new sub-paragraph (va). This new sub-paragraph adds a new preliminary issue that can be raised in proceedings, being any other point concerning the accessing, examination, production, or use of evidence by digital means. This means that objections based on this ground will need to be raised in line with the processes and timescales which apply to the other matters listed in section 79(2) of the 1995 Act, unless the court allows a late objection.
	Paragraph (b) inserts a new subsection (2A) to highlight that, as per section 279B(7) (see paragraph 73 of these Notes), an application for a direction under section 279B(2) is not a preliminary issue for the purpose of section 79(2)(b).
67.Subsection (4) inserts new sections 279B and 279C after 279A in the 1995 Act.
Interpretation Part 1: Criminal Justice Modernisation Section 5 – Digital productions