Member

21: After Clause 12, insert the following new Clause— “Admissibility and reliability of computer evidence(1) Evidence produced by or obtained from a computerised device or system may be admissible in proceedings, where—(a) it is not challenged,(b) it cannot reasonably in the view of the court, be challenged, or(c) the court is reasonably satisfied of the reliability of the evidence. (2) Rules of Court must provide for reasonable opportunity for the reliability of evidence referred to in subsection (1) above to be challenged, and for the factors to be taken into account in assessing both reliability and the weight to be given to any such evidence as is admitted.(3) The common law presumption of the reliability of evidence referred to in subsection (1) is removed.”Member’s explanatory statement This new clause replaces the current common law presumption of the reliability of computer evidence with a statutory and court rules’ scheme for the reasonable challenge and testing of such evidence.