Contemporaneous notes

[Mac99]

Hi,

Would be grateful for confirmation on a couple of points:

I understand contemporaneous notes to be the original notes taken for example PACE note book. If those notes are subsequently transferred to a computer, it is still the original notes that are contemporaneous and not those that have been transferred to a computer.

Specifically is there any legislation or court case that confirms the above?

Regards
Mac

[Amethyst]

Re: Contemporaneous notes

If it is for a court case, then I would expect the party requiring the original notes could get them under disclosure to rule out any transfer errors that might have taken place - especially if he disputes the computer record is a true copy of the PACE entries. The originals have to be kept so they will be available.

I don't know how it stands under the DPA, they may well cite disprop effort saying its faster and easier to get them off the computer, but I expect there would be an argument to obtain originals under DPA too.

[Mac99]

Re: Contemporaneous notes

Hi Amethyst,

Thanks for the reply. I understand what you are saying. Maybe I phrased my question badly, am I right in saying the original notes are contemporaneous and not the computer entries?

And is there legislation on this?

Regards
Mac

[Amethyst]

Re: Contemporaneous notes

Ahhh ok.

I really don't know on the Data Protection Angle, it should be everything that is held, so if notes are held they should be copied and sent, as well as the other record held on the computer.

For admission as evidence see Criminal justice Act 2003

129 Representations other than by a person
(1) Where a representation of any fact—
(a) is made otherwise than by a person, but
(b) depends for its accuracy on information supplied (directly or
indirectly) by a person,
the representation is not admissible in criminal proceedings as evidence of the
fact unless it is proved that the information was accurate.

[Mac99]

Re: Contemporaneous notes

Hi Amethyst,

Thank you for that, I think will be useful.

Regards
Mac