Act 2

Computer Misuse Act

2011

(8) A computer system seized or samples or copies of applications
or data taken by the authorised officer shall be returned within seventy
two hours unless the authorised officer has applied for and obtained an
order in an inter party application for extension of the time.
(9) In this section—

“authorised officer” means a police officer who has obtained an
authorising warrant under subsection (1); and

“premises” includes land, buildings, movable structures,
vehicles, vessels, aircraft and hover craft.

29. Admissibility and evidential weight of a data message or an
electronic record.
(1) In any legal proceedings, the rules of evidence shall not be
applied so as to deny the admissibility of a data message or an
electronic record—

(a) merely on the ground that it is constituted by a data
message or an electronic record;
(b) if it is the best evidence that the person adducing it could
reasonably be expected to obtain; or
(c) merely on the ground that it is not in its original form.

(2) A person seeking to introduce a data message or an
electronic record in any legal proceeding has the burden of proving
its authenticity by evidence capable of supporting a finding that the
electronic record is what the person claims it to be.
(3) Subject to subsection (2), where the best evidence rule is
applicable in respect of an electronic record, the rule is satisfied upon
proof of the authenticity of the electronic records system in or by
which the data was recorded or stored.
(4) When assessing the evidential weight of a data message or an
electronic record, the court shall have regard to—
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