Member

68: After Clause 132, insert the following new Clause— “Reliability of computer-based evidence(1) Electronic evidence produced by or derived from a computer, device or computer system (separately or together “system”) may be relied on as evidence in any proceedings —(a) where that electronic evidence is not challenged;(b) where the court is satisfied that the electronic evidence is derived from a reliable system or otherwise the court is satisfied that the evidence is reliable.(2) Rules of Court must provide that electronic evidence sought to be relied upon by a party in any proceedings may be challenged by another party as to its correctness.(3) For the purposes of subsection (1)(a), Rules of Court must provide for the circumstances in which the Court may be satisfied that the admissibility of electronic evidence cannot reasonably be challenged. (4) For the purposes of subsection (1)(b), the matters that may be taken into account by the court in determining if a system is to be considered reliable include—(a) whether the evidence is wholly obtained from a regulated system (such as a speed camera and DVLA database);(b) the errors that have been reported in the system, the actions taken to correct them, and any errors that remain uncorrected (these may include the Known Error Log and Release Notices);(c) the measures taken to ensure that the electronic evidence accurately records the facts that are being claimed (including measures to block, record and manage cyberattacks);(d) the forensic measures taken to ensure that the electronic evidence has not been affected by accidental, privileged or unauthorised access;(e) the route that the electronic evidence has taken from the originating system to the court and the measures taken to ensure its integrity;(f) external independent audit of the system.(5) If the materials under subsection (4) are not available or if the materials produced for the purposes of subsection (4) are considered by the court to be insufficient for the court to conclude that the system is reliable for the purposes of subsection (1)(b), the party seeking to rely upon the electronic evidence must otherwise satisfy the court that that evidence is reliable.(6) For the purposes of this section—“computer” means any device capable of performing mathematical or logical instructions;“device” means any apparatus or tool operating alone or connected to other apparatus or tools, that processes information or data in electronic form;“electronic evidence” means evidence derived from data contained in or produced by any device or computer the functioning of which depends on a software program or from data stored on a computer, device or computer system or communicated over a networked computer system.”