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Home BSA Explained What Counts as Evidence
§2

What Legally Counts as "Evidence"

Plain-English Summary — Not Verbatim Statutory Text

Defines evidence as covering two things: oral evidence (statements a court permits or requires witnesses to make about facts in question — including statements given electronically, e.g. video testimony) and documentary evidence (all documents, including electronic or digital records, produced for the court's inspection).

  • Electronic and digital records are explicitly written into the core definition of evidence itself — the old law never expressly said this, and courts had to work it out through interpretation.
  • Oral evidence can now be given electronically (e.g. video-link testimony), not just in person.

This is the foundation everything else builds on — knowing that digital records and remote testimony are now explicitly recognised as evidence, not just physical documents and in-person statements, matters for how you should document anything relevant to a legal matter.