CAP. 8]
Evidence
[1984 Ed.
(a) that the computer was used to store, process or retrieve information for the purposes of any activities carried on by any body or individual;
(b) that the information contained in the statement reproduces or is derived from information supplied to the computer in the course of those activities; and
(c) that while the computer was so used in the course of those activities—
(i) appropriate measures were in force for preventing unauthorized interference with the computer; and
(ii) the computer was operating properly or, if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents.
(3) Notwithstanding subsection (1), a statement contained in a document produced by a computer used over any period to store, process or retrieve information for the purposes of any activities ("the relevant activities") carried on over that period shall be admitted in any criminal proceedings as prima facie evidence of any fact stated therein if—
(a) direct oral evidence of that fact would be admissible in those proceedings;
(b) it is shown that no person (other than a person charged with an offence to which such statement relates) who occupied a responsible position during that period in relation to the operation of the computer or the management of the relevant activities—
(i) can be found; or
(ii) if such a person is found, is willing and able to give evidence relating to the operation of the computer during that period;
(c) the document was so produced under the direction of a person having practical knowledge of and experience in the use of computers as a means of storing, processing or retrieving information; and
(d) at the time that the document was so produced the computer was operating properly or, if not, any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents,
but a statement contained in any such document which is tendered in evidence in criminal proceedings by or on behalf of any person charged with an offence to which such statement relates shall not be admissible under this subsection if that person occupied a responsible position during that period in relation to the operation of the computer or the management of the relevant activities.