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Hi everyone I've consulted with our solicitors and I can confirm that copies of scanned documents are used in housing benefit and fraud prosecutions. In many cases, the original paper copy has been destroyed but to date our solicitors have had no problems with the Magistrates' Court over the admissibility of the scanned electronic copy. In County Court original paper copies are still used. Regards Sarah ________________________________ From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of David Bridge Sent: 01 July 2008 09:39 To: [log in to unmask] Subject: Re: Admission of scanned content Dear All, As we have a solicitor who has all e-mails printed off for them [sic] and they responds via Dictaphone I agree with Paul that it may be the reticence of solicitors to accept new working practice. On the other hand we have a legal team who are leading and piloting a scanning EDRMS case file project so they do not have to carry loads of suitcases to and from court; which will accept the electronic records. I cannot remember who said it but it has been said that it is at the Judge's discretion whether or not to accept an electronic records but courts have been advised that they are acceptable. Regards David Paul Dodgson <[log in to unmask]> Sent by: The UK Records Management mailing list <[log in to unmask]> 25/06/2008 15:54 Please respond to Paul Dodgson <[log in to unmask]> To [log in to unmask] cc Subject Admission of scanned content Hi all, Many parts of our organisation are scanning closed case files (without my guidance) and intend to rely upon that scanned content as evidence in court. If I advised them to stop, they would run out of storage space in weeks. Another business area has, at last, sought guidance. I was delighted! I went to BIP0008 and 0009 and then marched on through the workbook only to be held by our lawyers at section 2.4 where legal issues are dealt with and section 2.4.12 where legal consultation is required. We now have a situation where our lawyers are advising that to scan content in presents too great a risk in terms of evidential weight. Our lawyers are saying (not surprisingly) that the original must be held. However, much of what is regarded as an original these days actually pre-exists the paper equivalent as an electronic record. The excellent BIP 0008 guidance and BIP 0009 workbook helps. However, the argument remains - if the courts want to see the "original" then that is (where information is created electronically) the electronic representation (I am careful not to call it the electronic copy - easy mistake to make). Audit trails do not, generally, exist for paper records often the evidence as to admissibility comes from a stamp or a signature - undoubtedly secure signs of admissibility!!(not). Electronic records at least hold some value in terms of evidential weight which is a little more difficult to alter. With EDRMS the arguments as to evidential weight is somewhat stronger. Even if the paper copy was the original, Marc Fresko's comment about best evidence should still stand. In conclusion, it is my view that it is the lawyers who are reticent to move forward, the argument to the Judge about admissibility is merely one which the lawyer wants to avoid. So why email? I am trying to gauge the extent of problem this is posing to records managers, in all business sectors, and where lawyers have accepted the principle of scan and destroy - please do share this with me. regards Paul Dodgson ________________________________________________________________________ ___ Support your local council workers in this year's National Council Worker of the Year Awards by clicking: Vote for Jane Dabrowska - http://www.localgovernmentchannel.com/awards/c/innovation/v/jane_dabrows ka/y/2008/ Vote for Lee Fradsham - http://www.localgovernmentchannel.com/awards/c/bravery/v/lee_fradsham/y/ 2008/ ________________________________________________________________________ ___ Leicestershire County Council - rated a 'four-star' council by the Audit Commission ________________________________________________________________________ ___ This e-mail and any files transmitted with it are confidential. 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