Criminal Evidence Act 1967

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1967/1967-0001/CriminalEvidenceAct1967_1.pdf
Published: 2012-09-01

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Criminal Evidence Act 1967

c i e
AT 1 of 1967

CRIMINAL EVIDENCE ACT 1967

Criminal Evidence Act 1967 Index


c AT 1 of 1967 Page 3

c i e
CRIMINAL EVIDENCE ACT 1967

Index Section Page

1 Admissibility of certain trade or business records..................................................... 5
2 Citation and saving......................................................................................................... 6
3 Commencement .............................................................................................................. 6
ENDNOTES 7

TABLE OF LEGISLATION HISTORY 7
TABLE OF RENUMBERED PROVISIONS 7
TABLE OF ENDNOTE REFERENCES 7

Criminal Evidence Act 1967 Section 1


c AT 1 of 1967 Page 5

c i e
CRIMINAL EVIDENCE ACT 1967

Received Royal Assent: 24 May 1967
Passed: 20 June 1967
Commenced: 20 June 1967
AN ACT
to make certain trade or business records admissible as evidence in
criminal proceedings.
1 Admissibility of certain trade or business records

[1965/1]
(1) In any criminal proceedings where direct oral evidence of a fact would
be admissible, any statement contained in a document and tending to
establish that fact shall, on production of the document, be admissible as
evidence of that fact if: —
(a) the document is, or forms part of, a record relating to any trade or
business and compiled, in the course of that trade or business,
from information supplied (whether directly or indirectly) by
persons who have, or may reasonably be supposed to have,
personal knowledge of the matters dealt with in the information
they supply; and
(b) the person who supplied the information recorded in the
statement in question is dead, or beyond the seas, or unfit by
reason of his bodily or mental condition to attend as a witness, or
cannot with reasonable diligence be identified or found, or cannot
reasonably be expected (having regard to the time which has
elapsed since he supplied the information and to all the
circumstances) to have any recollection of the matters dealt with
in the information he supplied.
(2) For the purpose of deciding whether or not a statement is admissible as
evidence by virtue of this section, the court may draw any reasonable
inference from the form or content of the document in which the
statement is contained, and may, in deciding whether or not a person is
fit to attend as a witness, act on a certificate purporting to be a certificate
of a fully registered medical practitioner.
Section 2 Criminal Evidence Act 1967


Page 6 AT 1 of 1967 c

(3) In estimating the weight, if any, to be attached to a statement admissible
as evidence by virtue of this section 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, to the
question whether or not the person who supplied the information
recorded in the statement did so contemporaneously with the occurrence
or existence of the facts stated, and to the question whether or not that
person, or any person concerned with making or keeping the record
containing the statement, had any incentive to conceal or misrepresent
the facts.
(4) In this section ‘statement’ includes any representation of fact, whether
made in words or otherwise, ‘document’ includes any device by means
of which information is recorded or stored and ‘business’ includes any
public transport, public utility or similar undertaking carried on by a
local authority and the activities of the Post Office.
2 Citation and saving

[1965/2]
(1) This Act may be cited as the Criminal Evidence Act, 1967.
(2) Nothing in this Act shall prejudice the admissibility apart from the
provisions of this Act.
3 Commencement

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
Criminal Evidence Act 1967 Endnotes


c AT 1 of 1967 Page 7

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References