56
CAP. 8]
Evidence
[1984 Ed.
section, be sufficient to prove that nothing in subsection (2) or (3) of that section prevented its being admitted in evidence thereunder; and
(ii) it is shown (whether by averments of fact contained in the deposition or otherwise) that any of the circumstances referred to in subsection (1)(c) of that section, except in sub-paragraph (ii) thereof, affect the person who supplied the information from which such record was compiled;
(d) in relation to a document or a copy of a document produced by any device which is a computer within the meaning of section 22A, that the deposition having that document exhibited or annexed thereto-
(i) shall have been made by a person who, at any time during the period over which the computer was used to store, process or retrieve information for the purposes of any activities ("the relevant activities") carried on over that period, occupied a responsible position in relation to the operation of the computer or the management of the relevant activities;
(ii) shall contain an explanation of the nature and contents of that document; and
(iii) without prejudice to any other matter contained or referred to therein, shall contain such averments of fact as would, if that document were a statement tendered in evidence under that section, be sufficient (in relation to the use of that computer over that period) to satisfy the requirements of subsection (2) of that section.
(3) A deposition, or any document or thing exhibited or annexed thereto, shall not be admitted in criminal proceedings by virtue of this section as evidence of any fact unless direct oral evidence of that fact would be admissible in those proceedings.
(4) Where a deposition having exhibited or annexed thereto any document of a kind referred to in subsection (2) contains matter other than averments made in respect of such document pursuant to subsection (1)(b) or (c)(i) or for the purposes of section 77G(4), such matter shall not be admitted in evidence in criminal proceedings by virtue of this section unless the court is satisfied that, having regard to the matters referred to in subsection (1)(d)(i), (ii) and (iii), no unfairness is likely to occur in those criminal proceedings consequent upon its being so admitted.
(5) A certificate purporting to be signed by the Registrar and certifying that any deposition to which such certificate is attached, together with any document or thing exhibited or annexed thereto (if any), has been received by him pursuant to a letter of request issued by him under section 77E in respect of any criminal proceedings referred to in the certificate, shall on its production without further proof be admitted in those criminal proceedings as conclusive evidence of the facts contained therein.