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Laws.Africa Legislation Commons Seychelles Evidence Act Chapter 74 Legislation as at 1 December 2014 FRBR URI: /akn/sc/act/1900/5/eng@2014-12-01 There may have been updates since this ﬁle was created. PDF created on 21 February 2024 at 16:46. Collection last checked for updates: 30 June 2014. Check for updates About this collection The legislation in this collection has been reproduced as it was originally printed in the Government Gazette, with improved formatting and with minor typographical errors corrected. All amendments have been applied directly to the text and annotated. A scan of the original gazette of each piece of legislation (including amendments) is available for reference. This is a free download from the Laws.Africa Legislation Commons, a collection of African legislation that is digitised by Laws.Africa and made available for free. www.laws.africa info@laws.africa There is no copyright on the legislative content of this document. This PDF copy is licensed under a Creative Commons Attribution 4.0 License (CC BY 4.0). Share widely and freely. i

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The Evidence Act Chapter 74

Ley

Status of Law: Final/Active/Current

Country

Seychelles

Country Location

Latitud: -4.679574

Longitud: 55.491977

Country Location (vinculado Ley): Seychelles

Keywords

Admissibility
Electronic Communications

Adoption Date: 20 ene 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: 6 ene 2014

Source Name and 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

The Evidence Act Chapter 74

Collection

CIPIT

Date Updated: 7 ago 2024

Complete Name: The Evidence Act Chapter 74

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Evidence Act.pdf
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The Evidence Act Chapter 74

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