Presumption of Computer Regularity
Definition
The rule in England and Wales, in force since the repeal of Section 69 PACE in 1999, that a computer is presumed to have been operating correctly unless there is specific evidence to the contrary. The party alleging malfunction bears the burden of raising the issue.
- Jurisdiction
- England and Wales
- Trigger
- Repeal of PACE Section 69 in 1999
- Burden on rebuttal
- Party alleging the malfunction
- Practical effect
- No routine certification of computer reliability is required to admit its output
Common questions
What kind of evidence is needed to rebut the presumption?+
Specific evidence pointing to an actual fault, error message, log entry or known bug affecting the relevant process, not a generic assertion that computers can malfunction. Bare speculation has repeatedly been treated as insufficient by the courts.
Does the presumption apply to every kind of digital output?+
It applies broadly to computer-generated records and outputs produced by a properly functioning system, but complex or novel software, or a system with a known history of errors, invites closer scrutiny and may require supporting evidence of correct operation before the presumption is relied on.
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