Previous 3 / 18 Next

27. Proof of statutes of British possessions ...................................................................................................................................... 11 Judicial recognition of documents sworn before diplomatic or consular ofﬁcers in foreign countries or public documents executed in the territories of a Convention State .......................................................................................................... 12 28. Admissibility of document sworn in foreign country without proof of seal or signature ......................................... 12 Admissibility and effect of judgments given in criminal jurisdiction ............................................................................................ 13 29. Previous convictions as evidence .................................................................................................................................................. 13 30. Finding of adultery or adjudications in afﬁxation proceedings as evidence in civil proceedings .......................... 14 31. Copy of documents ............................................................................................................................................................................. 14 32. Rules ........................................................................................................................................................................................................ 14 iii

Select target paragraph3

● ● ●

The Evidence Act Chapter 74

Law

Status of Law: Final/Active/Current

Country

Seychelles

Country Location

Latitude: -4.679574

Longitude: 55.491977

Country Location (linked Law): Seychelles

Keywords

Admissibility
Electronic Communications

Adoption Date: Jan 20, 1882

Type of Law: Legislation

Research Category: II Fundamental Rights and Freedoms

Institution that Established this Law: The National Assembly of Seychelles

Is this the Official Copy?: No

Date of Most Recent Amendment: Jan 6, 2014

Source URL: seylii.org

Notes

Short Notes on Documentary Evidence from Computer Records

Admissibility of Computer-Generated Documents:
- In any trial, a statement in a document produced by a computer is admissible if direct oral evidence of the fact stated would be admissible, and the following conditions are met:
  - The computer was used for storing, processing, or retrieving information for activities by any body or person.
  - The information in the statement was derived from information supplied to the computer during these activities.
  - Appropriate measures were in place to prevent unauthorized interference with the computer, and it was operating properly at the time of document production.
Specific Conditions for Admissibility:
- A statement in a computer-generated document is admissible if:
  - No responsible person other than the accused (in criminal trials) during the relevant period can be found or is willing/able to testify about the computer's operation.
  - The document was produced under the direction of someone knowledgeable and experienced in computer use for these activities.
  - The computer was operating properly when the document was produced, or any issues did not affect the document's accuracy.
Restrictions in Criminal Trials:
- A statement in a computer-generated document is not admissible if the accused, who occupied a responsible position, is the person tendering the statement.
Treatment of Multiple Computers:
- When information is processed by multiple computers or combinations of computers over a period, they are treated as one computer for the purposes of this section.
Certification of Documents:
- A certificate identifying the document, describing its production, and detailing relevant device information must be signed by a responsible person and submitted without further proof to admit the document as evidence.
Notice Requirements:
- A certificate must be served 14 days in advance to parties likely to be affected in civil or criminal trials, unless the court orders otherwise.
Oral Evidence:
- Courts may require oral evidence for matters mentioned in the certificate, except where subsection (2) applies.

8. False Statements:

Making a false statement in a certificate knowingly is an offence, punishable by imprisonment for two years and a fine of R10,000.

Definitions and Scope:
- Information is supplied to a computer if it is provided in any appropriate form, either directly or with human intervention.
- A document is considered produced by a computer if generated directly or with the help of any appropriate equipment.
- "Computer" includes any electronic device for storing, processing, or retrieving information, and may be extended by the President through a Notice published in the Gazette.
Supplementary Provisions:

This section does not affect the admissibility of documents produced by computers for purposes other than proving the fact stated in them.

Related Law (self)

The Evidence Act Chapter 74

Collection

CIPIT

Date Updated: Aug 7, 2024

Complete Name: The Evidence Act Chapter 74

Primary Documents

Evidence Act.pdf
English
Download View

CYRILLA: Global Digital Rights Law

Select target paragraph3

The Evidence Act Chapter 74

Primary Documents

Notifications