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Stuart Cranmer
Member - 3 posts
WE are currently looking at making our existing archive filing process more efficient and scanning of documents is one method. However, I am told that we need to retain all of our original documents in case they are needed to be subitted as evidence in a Court of Law. More particulary in a criminal case that civil.
I beleive there is a "Best evidence" ruling that allows scanned documents to be submitted as opposed to the original which is more open to fraud that an electronic copy.
I would be happy to know the actual legal stance regarding this. Many thanks
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David Wright - Kennedys
Online advisor - 3 posts
"Some old case law (pre-1937) refers to a common law "best evidence rule" by which only the best available evidence of a fact was considered admissible in court proceedings. However, the rule appears now to have fallen away to be replaced by the general rule that whether or not a particular document, say, is the best available evidence is relevant to the weight to be given to the document rather than its admissibility.
There used also to be what was known as the "primary evidence rule", which provided that only the original document or an "enrolled" copy was admissible. That rule too has been jettisoned by the courts and legislation such as s133 Criminal Justice Act 2003 goes further still, allowing the court to admit as evidence in criminal proceedings copies of documents authenticated in whatever way the court thinks fit.
Ultimately, there is no reason why scanned documents, or hard copies of the scan, cannot be used as evidence in criminal proceedings.
There may be some categories of document that a company would consider better kept in original form, e.g. signed contracts, and others of a public record nature that might be required to be so kept, but that is a different issue."
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James Vizard
Member - 2 posts
Preparing evidence for court on a regular basis I can confirm that although original documentation is preferred scanned exhibits are accepted. IIf you hold personal details to uphold the terms of the Data Protection Act information should be destroyed as soon as reasonably practical if the need to hold that data is no longer current.
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