Criminal Justice Act 2006

Documentary evidence in relation to prisoners on temporary release.

109.—(1) In any proceedings for an offence under section 6 (2) of the Criminal Justice Act 1960 evidence of the presence or absence of the person in or from a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents being—

(a) a statement produced automatically or otherwise by a device, prescribed by regulations made under section 111 , by which the person’s whereabouts were electronically monitored, and

(b) a certificate signed by an authorised person who is responsible under section 108 (4) for monitoring the offender’s compliance with the condition in the direction that the statement relates to the whereabouts of the person at the dates and times shown in the statement.

(2) The statement and certificate mentioned in subsection (1) shall, when produced at a hearing, be evidence, until the contrary is shown, of the facts set out in them.

(3) Neither the statement nor the certificate mentioned in subsection (1) shall be admissible in evidence unless a copy of both has been served on the person prior to the hearing.