77.This section modifies schedule 8 of the 1995 Act to make provision for the disapplication of the requirement to authenticate copy documents where they are stored electronically, and where the court is otherwise satisfied as to their authenticity.
78.Subsection (2) inserts a new sub-paragraph (1A) into paragraph 1, which provides that where a copy document is stored on the digital evidence storage system (defined in paragraph 8 of the schedule, as modified by section 6(6) of the Act) and was created by uploading the original document to the system from another electronic device, that copy is to be deemed and treated as a true copy and for evidential purposes as if it were the document itself. Sub-paragraph (1A)(b)(ii) confirms that this also applies to subsequent versions of that initial copy that are also stored on the digital evidence storage system, unless the court otherwise directs. These rules apply to copies of entire documents but also to copies of a material part of a document.
79.Subsection (2) further inserts a new sub-paragraph (1B) into paragraph 1, which provides that the court may direct that a copy of a document (or a copy of a material part of a document) to which sub-paragraph (1) or (1A) does not apply may still be deemed and treated as if sub-paragraph (1) applied to it.
80.Subsection (3) inserts sub-paragraph (2A) into paragraph 1, which confirms that paragraph 1 is without prejudice to section 279A(2) of the 1995 Act. Section 279A(2) provides for the use of evidence from official documents in criminal proceedings, and the authentication of copies of such documents.
81.Subsection (4) expands the definition of “copy” to include documents uploaded to an electronic device from another electronic device.
82.Subsection (5) makes a consequential change to paragraph 6 of the schedule. Paragraph 6 applies where the court has given a direction preventing a document from benefitting from the default rules in the schedule and allows the court to allow additional evidence to be led. Subsection (4) extends paragraph 6 so that it also applies where the court has given a direction under inserted paragraph 1(1A)(b)(ii) preventing a subsequent copy from benefitting from the rule in paragraph 1(1A).
83.Subsection (6) inserts a new definition of “digital evidence storage system” into paragraph (8) of the schedule. This defines it based on the current system which has been developed but allows the court, by Act of Adjournal, to specify a different digital system in future.
Interpretation Part 1: Criminal Justice Modernisation Section 6 – Authentication of electronic copy documents