Page:Police and Criminal Evidence Act 1984.pdf/74

68c. 60

(2) The conditions mentioned in subsection (1)(b) above are—
 * (a) that the person who supplied the information—
 * (i) is dead or by reason of his bodily or mental condition unfit to attend as a witness;
 * (ii) is outside the United Kingdom and it is not reasonably practicable to secure his attendance; or
 * (iii) cannot reasonably be expected (having regard to the time which has elapsed since he supplied or acquired the information and to all the circumstances) to have any recollection of the matters dealt with in that information;
 * (b) that all reasonable steps have been taken to identify the person who supplied the information but that he cannot be identified; and
 * (c) that, the identity of the person who supplied the information being known, all reasonable steps have been taken to find him, but that he cannot be found.

(3) Nothing in this section shall prejudice the admissibility of any evidence that would be admissible apart from this section.

69.—(1) In any proceedings, a statement in a document produced by a computer shall not be admissible as evidence of any fact stated therein unless it is shown—
 * (a) that there are no reasonable grounds for believing that the statement is inaccurate because of improper use of the computer:
 * (b) that at all material times the computer was operating properly, or if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents; and
 * (c) that any relevant conditions specified in rules of court under subsection (2) below are satisfied.

(2) Provision may be made by rules of court requiring that in any proceedings where it is desired to give a statement in evidence by virtue of this section such information concerning the statement as may be required by the rules shall be provided in such form and at such time as may be so required.

70.—(1) Part I of Schedule 3 to this Act shall have effect for the purpose of supplementing section 68 above.

(2) Part II of that Schedule shall have effect for the purpose of supplementing section 69 above.

(3) Part III of that Schedule shall have effect for the purpose of supplementing both sections.