Rebuttable Presumption of Computer Reliability
Definition
The English and Welsh approach following the repeal of Section 69 PACE: courts presume computers function correctly unless the party challenging the evidence produces evidence of malfunction. This reverses the pre-1999 burden, which required affirmative proof that the computer was working properly.
- Jurisdiction
- England and Wales
- Repealed provision
- Section 69, PACE 1984
- Default position
- Computers presumed to function correctly
- Burden shift
- Onto the party alleging malfunction
Common questions
What changed for a party that wants to challenge computer-generated evidence after the Section 69 repeal?+
Before repeal, the party relying on the evidence had to affirmatively prove the computer was working properly; after repeal, that party benefits from a presumption of correct operation, and the challenger must instead produce evidence of malfunction to rebut it.
Is this presumption unique to England and Wales or applied more broadly?+
It reflects the specific post-1999 approach in England and Wales; other jurisdictions handle the reliability of computer-generated evidence through different statutory or common-law authentication requirements, so the presumption should not be assumed to apply elsewhere.
Related terms
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