ABSTRACT
A party who wishes to rely on a statement contained in a document as evidence supporting his case needs to consider, in addition to any other relevant evidence law, at least one further matter: proof of the contents of the document. In some cases, proof of due execution may have to be considered also.1 So far as criminal cases are concerned, the basic provision that deals with proof of a document is s 133 of the Criminal Justice Act 2003. This provides that where a statement in a document is admissible as evidence in criminal proceedings, it may be proved either by the production of that document, or, whether or not the document is still in existence, by the production of a copy. A copy may be authenticated in whatever way the court may approve. A ‘copy’ means anything onto which information recorded in a document has been copied, by whatever means and whether directly or indirectly.2 The number of removes between a copy and the original is therefore immaterial for the purposes of admissibility, though it may, of course, affect the weight of the evidence. A ‘statement’ is ‘any representation of fact or opinion made by a person by whatever means, and it includes a representation made in a sketch, photofit or other pictorial form’.3
