Skip to content

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Repealed provision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

Anvar P.V. V. P.K. Basheer (2014)
Indian Supreme Court decision holding that electronic records are secondary evidence and can only be admitted with a Section 65B certificate. Overruled...
Arjun Panditrao Khotkar (2020)
Indian Supreme Court decision confirming that the certificate is a condition precedent to admissibility. A court cannot waive the requirement but can...
Federal Rule of Evidence 901
The US authentication rule requiring that evidence be supported by proof sufficient to show it is what the proponent claims. Applied to...
Hash Value Verification
A mathematical technique used to confirm that a digital file has not been altered. A cryptographic hash (typically SHA-256 or MD5) is...
Section 65B Certificate (Indian Evidence Act / BSA 2023)
A signed statement by a responsible official certifying that an electronic record was produced by a computer in regular use during the...

Explained in

Your journey to becoming a forensic professional starts here.

Practice with mock tests, learn from structured notes, and get your questions answered by a global forensic community, all in one place.