36A. Interpretation
For the purpose of sections 36B to 36J inclusive, “document” includes, in addition to a document in writing—
(a) any map, plan, graph or drawing;
(b) any photograph;
(c) any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to capable (with or without the aid of some other equipment) of being reproduced therefrom;
(d) any film (including micro-film), negative, tape or other device 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.
36B. Admissibility of certain evidence formerly admissible at common law
In any proceedings, a statement which, before the commencement of this Act, would by virtue of any rule of law, have been admissible in evidence of any fact stated therein, shall continue to be admissible as evidence of that fact by virtue of this section.
36G. Admissibility of computer evidence constituting hearsay
A statement contained in a document produced by a computer which constitutes hearsay shall not be admissible in any proceedings as evidence of any fact stated therein unless—
(a) at all material times—
(i) the computer was operating properly,
(ii) the computer was not subject to any malfunctions,
(iii) there were no alterations to its mechanism or processes that might reasonably be expected to have affected the validity or accuracy of the contents of the documents;
(b) there is no reasonable cause to believe that—
(i) the accuracy or validity of the document has been adversely affected by the use of any improper process or procedure or by inadequate safeguards in the use of the computer,
(ii) there was any error in the preparation of the data from which the document was produced;
(c) the computer was properly programmed;
(d) where two or more computers were involved in the production of the document or in the recording of the data from which the document was derived—
(i) the conditions specified in paragraphs (a) to (c) are satisfied in relation to each of the computers so used, and
(ii) it is established by or on behalf of the person tendering the document in evidence that the use of more than one computer did not introduce any factor that might reasonably be expected to have had any adverse effect on the validity or accuracy of the document.
36H. Admissibility of computer evidence not constituting hearsay
Where a statement contained in a document produced by a computer does not constitute hearsay, such a statement shall be admissible if the conditions specified in section 36G are satisfied in relation to that document.
