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Evidence Act Seychelles Seychelles Evidence Act Chapter 74 Commenced on 21 January 1882 [This is the version of this document at 1 December 2014.] [Act 16 of 1856 *; Act 15 of 1881 *; Act 5 of 1900; Act 1 of 1908; Act 16 of 1915; Act 6 of 1958; Act 12 of 1962; Act 25 of 1965; SI. 95 of 1975; SI. 72 of 1976; Act 23 of 1976; Act 7 of 1990; SI. 76 of 1992; Act 19 of 1994; Act 16 of 1996; Act 23 of 2013] 1. Short title This Act may be cited as the Evidence Act. 2. Interpretation (1) In this Act, unless the context otherwise requires "accused " means a person charged with any offence at a criminal trial; "afﬁdavit" includes afﬁrmation, statutory or other declaration, acknowledgment, examination and attestation or protestation of honour; "British possession" means any part of Her Majesty's dominions exclusive of the United Kingdom, and, where parts of those dominions are under both a central and a local Legislature, shall include both all parts under the central Legislature and each part under a local Legislature; "civil trial" includes any arbitration and any trial before a person or any tribunal or similar institution where the strict rules of evidence are applied; "court" includes a court martial under the Defence Forces (Offences) Act; "criminal trial" includes a court martial, trial before a peace ofﬁcer or justice of peace under the Peace Ofﬁcers (Inner Islands and Outlying Islands) Act and a preliminary inquiry held under the Criminal Procedure Code; "document" includes (a) a map, plan, graph or drawing; (b) a photograph; (c) a disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable with or without the aid of some other equipment, of being reproduced therefrom; and (d) any ﬁlm, negative, tape or other devices in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom; "evidence" includes testimony upon oath or solemn afﬁrmation viva voce or by afﬁdavit in writing and the unsworn personal answers of parties to trials; * Mauritius Ordinance * Mauritius Ordinance By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1

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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: 20 de jan. de 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 de jan. de 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 (self)

The Evidence Act Chapter 74

Collection

CIPIT

Date Updated: 7 de ago. de 2024

Complete Name: The Evidence Act Chapter 74

Primary Documents

Evidence Act.pdf
English
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CYRILLA: Global Digital Rights Law

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The Evidence Act Chapter 74

Primary Documents

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