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CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 3

Provisions supplementary to ss.1 and 2.

3.(1) Where in any civil proceedings a statement contained in a document is
proposed to be given in evidence by virtue of section 1 or 2 it may, subject
to any rules of court, be proved by the production of that document or
(whether or not that document is still in existence) by the production of a
copy of that document, or of the material part thereof, authenticated in such
manner as the court may approve.

(2) For the purpose of deciding whether or not a statement is admissible in
evidence by virtue of section 1 or 2, the court may draw any reasonable
inference from the circumstances in which the statement was made or otherwise
came into being or from any other circumstances, including the form and
contents of that document in which the statement is contained.

(3) In estimating the weight, if any, to be attached to a statement admissible
in evidence by virtue of section 1 or 2 regard shall be had to all the
circumstances from which any inference can reasonably be drawn as to the
accuracy or otherwise of the statement and, in particular

(a)in the case of a statement falling within section 1(1), to the question
whether or not the person who originally supplied the information from which
the record containing the statement was compiled did so contemporaneously with
the occurrence or existence of the facts dealt with in that information, and
to the question whether or not that person, or any person concerned with
compiling or keeping the record containing the statement, had any incentive to
conceal or misrepresent the facts; and

(b)in the case of a statement falling within section 2(1), to the question
whether or not the information which the information contained in the
statement reproduces or is derived from was supplied to the relevant computer,
or recorded for the purpose of being supplied thereto, contemporaneously with
the occurrence or existence of the facts dealt with in that information, and
to the question whether or not any person concerned with the supply of
information to that computer, or with the operation of that computer or any
equipment by means of which the document containing the statement was produced
by it, had any incentive to conceal or misrepresent the facts.

(4) For the purpose of any transferred provision or rule of law or practice
requiring evidence to be corroborated or regulating the manner in which
uncorroborated evidence is to be treated, a statement which is admissible in
evidence by virtue of section 1 shall not be capable of corroborating evidence
given by the person who originally supplied the information from which the
record containing the statement was compiled.

(5) If any person in a certificate tendered in evidence in civil proceedings
by virtue of section 2(4) wilfully makes a statement material in those
proceedings which he knows to be false or does not believe to be true, he
shall be liable on conviction on indictment to imprisonment for a term not
exceeding two years or a fine or both.

© 1971 Crown Copyright

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