Proposed Amendment to Data Bill Aims to Strengthen Legal Challenge to Computer-Generated Evidence
Proposed amendment to legal presumption about the reliability of computers 🔗
An amendment to the Data (Use and Access) Bill is being proposed to change the legal assumption regarding the reliability of computer-generated evidence. This amendment seeks to address concerns that the current presumption—assuming that mechanical instruments, including computers, are functioning properly if they appear to be working—is flawed. The amendment, backed by Lord Arbuthnot and others, would allow for electronic evidence to be challenged in court regarding its reliability. It aims to prevent miscarriages of justice, such as those seen in the Horizon Scandal, by requiring courts to consider various factors that affect the reliability of computer systems when evaluating electronic evidence.
- The proposed amendment seeks to change the legal presumption around computer evidence.
- It allows for challenges to the reliability of electronic evidence in court.
- The amendment aims to prevent miscarriages of justice linked to flawed assumptions about computer systems.
What is the main goal of the proposed amendment?
The main goal is to change the legal assumption that computer-generated evidence is always reliable, allowing courts to question the reliability of such evidence.
Who supports the amendment?
The amendment is supported by Lord Arbuthnot and others, including barrister Stephen Mason, who have campaigned for changes to prevent miscarriages of justice.
How does the amendment affect the burden of proof in court?
The amendment aims to reverse the current burden of proof, which places the onus on defendants to prove that computer evidence is unreliable, by allowing for challenges to the admissibility of electronic evidence.