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Legal Terms - Admissibility of records
Under the Civil Evidence Act 1995, papers that contain information (records) can be presented as evidence in civil proceedings to support the facts indicated in them. Prior to the enactment of the 1995 Act, the admissibility of such papers and records was limited to cases where they fell under an exception to the rules that prohibited the use of hearsay evidence. The regulations regarding hearsay in connection to business papers in criminal prosecutions can now be found in section 117 of the Criminal Justice Act 2003. According to this provision, these records can be used as evidence if they meet certain criteria. Firstly, if the information contained in the records could have been presented orally as evidence. Secondly, if the records were created or received by someone who was acting in a professional capacity or as a holder of an official position, whether paid or unpaid. Lastly, if the person who provided the information in the records had personal knowledge of the matters discussed, or it can be reasonably assumed that they did.
Under the Civil Evidence Act 1995, papers that contain information (records) can be presented as evidence in civil proceedings to support the facts indicated in them. Prior to the enactment of the 1995 Act, the admissibility of such papers and records was limited to cases where they fell under an exception to the rules that prohibited the use of hearsay evidence. The regulations regarding hearsay in connection to business papers in criminal prosecutions can now be found in section 117 of the Criminal Justice Act 2003. According to this provision, these records can be used as evidence if they meet certain criteria. Firstly, if the information contained in the records could have been presented orally as evidence. Secondly, if the records were created or received by someone who was acting in a professional capacity or as a holder of an official position, whether paid or unpaid. Lastly, if the person who provided the information in the records had personal knowledge of the matters discussed, or it can be reasonably assumed that they did.
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