Page:Computer Misuse Act 1993.pdf/12

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12

NO. 19 OF 1993



(3) For the purposes of subsections (1) and (2), it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

(4) Notwithstanding subsection (1) or (2), a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that subsection.

(5) Any person who in a certificate tendered under subsection (1) or (2) in a court makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(6) In estimating the weight, if any, of any admissible computer output, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the output and, in particular—

(a) to the question whether or not the information which the output reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information; and
(b) 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 admissible computer output was produced by it, had any incentive to conceal or misrepresent the facts.

(7) For the purposes of subsection (6), information shall be taken to be supplied to a computer whether it is supplied directly or (with or without human intervention) by means of any appropriate equipment.

Proof by document or copy thereof

13. Notwithstanding the provisions of the Evidence Act (Cap. 97), where in any proceedings any computer output is admissible in evidence in accordance with section 11, it may be proved—

(a) by the production of that computer output; or