Act 2
Computer Misuse Act
2011
(8) A computer system seized or samples or copies of applications or data taken by
the authorised officer shall be returned within seventy two hours unless the authorised
officer has applied for and obtained an order in an inter party application for extension of
the time.
(9) In this section—
“authorised officer” means a police officer who has obtained an authorising warrant
under subsection (1); and
“premises” includes land, buildings, movable structures, vehicles, vessels, aircraft
and hover craft.
29.
Admissibility and evidential weight of a data message or an
electronic record.
(1) In any legal proceedings, the rules of evidence shall not be applied so as to deny
the admissibility of a data message or an electronic record—
(a)
merely on the ground that it is constituted by a data message or an electronic
record;
(b)
if it is the best evidence that the person adducing it could reasonably be
expected to obtain; or
(c)
merely on the ground that it is not in its original form.
(2)
A person seeking to introduce a data message or an electronic record in any
legal proceeding has the burden of proving its authenticity by evidence capable of
supporting a finding that the electronic record is what the person claims it to be.
(3)
Subject to subsection (2), where the best evidence rule is applicable in respect
of an electronic record, the rule is satisfied upon proof of the authenticity of the electronic
records system in or by which the data was recorded or stored.
(4) When assessing the evidential weight of a data message or an electronic record,
the court shall have regard to—
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