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Discussion

If a video recording is simultaneously stored in electronic form and transmitted or broadcast or transferred to another, each of the stored recordings falls in which category of evidence ?

  • A.Secondary evidence
  • B.Primary evidence
  • C.The one stored in electronic form is primary evidence and the one transferred simultaneously is secondary evidence
  • D.Inadmissible evidence

Answer: B

Each stored recording is Primary evidence.

The Explanation to Section 57 of the BSA provides that where a video recording is simultaneously stored in electronic form and transmitted, broadcast or transferred to another, each of the stored recordings is primary evidence. Likewise, electronic records stored simultaneously or sequentially in multiple files are each primary evidence.

So the copies are not secondary or inadmissible, and the law does not split them into primary and secondary.

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