Criminal Justice Act 2011
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Presumptions relating to documents. |
18.— (1) The presumptions provided for in subsections (2) and (3) shall apply in any proceedings for a relevant offence in relation to information contained in a document (within the meaning of this Act) to which section 5 of the Criminal Evidence Act 1992 applies or would apply if the document were reproduced in permanent legible form. | |
(2) Where a document purports to have been created by a person in circumstances in which it is reasonable to presume that it was created by that person it shall be presumed, unless the contrary is shown, that the document was created by that person and, in those circumstances, that any statement contained therein, unless the document expressly or by implication attributes its making to some other person, was made by that person. | ||
(3) Where a document purports to have been— | ||
(a) created by a person in circumstances in which it is reasonable to presume that it was created by that person, and | ||
(b) addressed and sent to a second person in circumstances in which it is reasonable to presume that it was so addressed and sent by the first person, | ||
it shall be presumed, unless the contrary is shown, that the document was created and sent by the first person and received by the second person, and that any statement contained therein— | ||
(i) unless the document expressly or by implication attributes its making to some other person, was made by the first person, and | ||
(ii) came to the notice of the second person. | ||
(4) Where a document is found in any place that is occupied by any person for the purposes of a trade, profession or other activity that is carried on by that person in circumstances in which it is reasonable to presume that the document is the property of that person, then, in any proceedings for a relevant offence, the document shall be presumed, unless the contrary is shown, to be the property of that person. | ||
(5) Where a trade, profession or other activity is carried on by any person at a particular place, a document that is found at that place in circumstances in which it is reasonable to presume that the document relates to that trade, profession or, as the case may be, other activity carried on by that person shall, in any proceedings for a relevant offence, be presumed, unless the contrary is shown, to be a document which relates to that trade, profession or, as the case may be, other activity, carried on by that person. |