Criminal Procedure (Scotland) Act 1995

Statements not contained in business documents

5 (1) In any criminal proceedings, the evidence of an authorised person that—

(a) a document which satisfies the conditions mentioned in paragraph 2(1)(a) and (b) above does not contain a relevant statement as to a particular matter; or

(b) no document, within a category of documents satisfying those conditions, contains such a statement,

shall be admissible evidence whether or not the whole or any part of that document or of the documents within that category and satisfying those conditions has been produced in the proceedings.

(2) For the purposes of sub-paragraph (1) above, a relevant statement is a statement which is of the kind mentioned in paragraph 2(1)(c) above and which, in the ordinary course of events—

(a) the document; or

(b) a document within the category and satisfying the conditions mentioned in that sub-paragraph,

might reasonably have been expected to contain.

(3) The evidence referred to in sub-paragraph (1) above may, unless the court otherwise directs, be given by means of a certificate by the authorised person in the prescribed form and purporting to be authenticated in such manner as may be prescribed.

(4) In this paragraph, “authorised person” means a person authorised to give evidence—

(a) on behalf of the business or undertaking by which; or

(b) as or on behalf of the office-holder by or on behalf of whom,

the document is or was kept.