Evidence Amendment Act 2001

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/2001/Acts/Evidence%20Amendment%20Act%202001.pdf

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Evidence Amendment Act 2001
EVIDENCE AMENDMENT ACT 2001

1989 Revision 1

BERMUDA
2001 : 18

EVIDENCE AMENDMENT ACT 2001

[Date of Assent: 12 June 2001]

[Operative Date: .....................]

WHEREAS it is expedient to amend the Evidence Act 1905 to provide for
the admissibility in evidence of a record of proceedings made by an
approved recording device;

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act, which amends the Evidence Act 1905 ("the principal
Act"), may be cited as the Evidence Amendment Act 2001.

Insertion of new section 74A in principal Act
2 The principal Act is amended by inserting after section 74 the
following —

"Record of proceedings

74A (1) In this section "approved recording device" means
a device for recording sound or visual images, or both (in this
section referred to as "audio" or "video" respectively),
approved by the Chief Justice by notice published in the
Gazette.

(2) Subject to subsection (3) and notwithstanding any
enactment or the rules of court, a court reporter or other
person authorized by the Chief Justice to record evidence,

EVIDENCE AMENDMENT ACT 2001

2 1989 Revision

depositions or any other proceedings in a cause or matter,
whether civil or criminal, shall record them by an approved
recording device.

(3) Except where otherwise ordered by the Chief
Justice, all proceedings in the magistrates court, including a
preliminary inquiry, and all proceedings in the Supreme
Court, including all matters dealt with in chambers, shall be
recorded by an approved recording device.

(4) Subject to subsection (6), the digital audio file or,
as the case may be, the audio and video file of the whole or
any part of the evidence, depositions or proceedings recorded
by a person referred to in subsection (2) using an approved
recording device is admissible in evidence as a true and
official record of the evidence, depositions or proceedings.

(5) Where a transcript is requested for the purpose of
any appeal or otherwise, the transcript shall

(a) be prepared from the official record referred to in
subsection (4) by a person authorized by the
Chief Justice; and

(b) be certified as an accurate transcript of the
official record by the person who prepared it.

(6) Where any dispute arises with respect to the
content of a transcript prepared from the official record, a
party may apply to the presiding judge or magistrate to
resolve the dispute and determine the content of the
transcript to accord with the official record.

(7) The original record prepared pursuant to
subsection (2) shall be filed in the office of the registrar or
clerk of the court and shall not be removed except on the
order of a judge or magistrate, but nothing in this subsection
precludes any party or his counsel from obtaining a copy of
the record for his personal use.

(8) The Chief Justice may direct that the official
record made by use of an approved recording device be
erased, cancelled, destroyed or otherwise disposed of after
such period from the making of the record as the Chief
Justice may determine.

(9) Any person who

EVIDENCE AMENDMENT ACT 2001

1989 Revision 3

(a) wilfully records or transcribes, in a false or
incorrect manner, any evidence or other matter
recorded under this section;

(b) wilfully alters or falsifies any record under this
section or any transcription of it; or

(c) wilfully certifies as correct any transcription of
such record which he knows to be false or
incorrect,

is guilty of an offence and is liable on conviction or
indictment to a fine of $3000 or imprisonment for two years.

(10) Pursuant to the Court Fees and Expenses Act
1972 the Chief Justice may make rules of court prescribing
fees for the preparation of a transcript or a copy of the official
record.".

Consequential amendments
3. The provisions of the enactments specified in column 1 and
described in column 2 of the Schedule are amended in the manner
respectively set out in column 3 of the Schedule.

Transitional
4. Where any proceedings are commenced in a cause or matter
before the day on which this Act comes into operation and are continued
on or after that day, the presiding judge or magistrate may give
directions governing the use of the approved recording device for
recording the continued proceedings.

Commencement
5 This Act comes into operation on such day as the Minister
responsible for legislative affairs may appoint by notice published in the
Gazette.

EVIDENCE AMENDMENT ACT 2001

4 1989 Revision

SCHEDULE (section 3)
CONSEQUENTIAL AMENDMENTS

COLUMN 1
ENACTMENT
AND PROVISIONS
THEREOF

COLUMN 2
DESCRIPTION
OF SUBJECT MATTER

COLUMN 3
AMENDMENT

Rules of the Court of
Appeal for Bermuda

Order 1 Rule 6 Copy of trial judge's notes Delete.

Order 3 Rule 10(1) Record in criminal appeals
from Supreme Court in its
original jurisdiction

Delete paragraph
(c) and substitute—
"(c) a transcript of
the proceedings in
the Supreme
Court;"

Delete paragraphs
(d) and (e).

Delete paragraph (f)
and substitute

"(f) the proceedings
on or after sentence
in so far as not
included in the
transcript referred
to in paragraph
(c);".

EVIDENCE AMENDMENT ACT 2001

1989 Revision 5

Order 3 Rule 11(1) Appeals in criminal matters
from Supreme Court in its
appellate jurisdiction

Delete paragraph
(d) and substitute
"(d) a transcript of
the proceedings in
the Supreme
Court;"

Delete paragraph
(e).

Third Schedule
Item1(12)

Fees for transcript Delete and
substitute

"(12) For a
transcript of the
proceedings in the
Supreme Court:
$10.00 per foolscap
page".

Civil Appeals Act
1971

Section 10(1) Magistrate to transmit
documents to Registrar

Delete "the notes of
evidence taken on
the hearing
thereon".

Section 10(2) Delete.

Civil Appeal Rules
1971

Rule 1 Interpretation In the definition of
"record" delete ",the
notes of evidence".

Rules of the Supreme
Court

Schedule to Order 62
rule 32 Part I

Transcribing judge's notes Delete item 81.

EVIDENCE AMENDMENT ACT 2001

6 1989 Revision

Summary
Jurisdiction Act
1930

Section 16 Magistrate to take written
notes of evidence

Designate the
existing section as
subsection (1).

Add the following
as subsection (2)

"(2) Subsection (1)
does not apply
where the
proceedings are
recorded by an
approved recording
device pursuant to
section 74A of the
Evidence Act
1905.".

Criminal Appeal Act
1952

Section 13 Documents to be sent to
Registrar

In section
13(2)(a)(iii) delete "a
copy" and
substitute "except
where the
proceedings are
recorded by an
approved recording
device pursuant to
section 74A of the
Evidence Act 1905,
a copy".