Bankers’
Books Evidence (Jersey) Law 1986
A LAW to amend the law of evidence with respect to bankers’ books
Commencement [see endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“bank” and “banker”
mean –
(a) a person who is for the
time being registered under the Banking
Business (Jersey) Law 1991, and a
person whose registration has been cancelled; and
(b) any person carrying on or
holding himself or herself out as carrying on in or from within Jersey the
business of accepting money for the purpose of investment on deposit, being a
person to whom the prohibition in Article 8 of the Banking
Business (Jersey) Law 1991 on carrying
on or holding himself or herself out as carrying on such business does not
apply;[1]
“court” means the Inferior
Number of the Royal Court;
“legal proceeding” means
any civil or criminal proceeding or inquiry in which evidence is or may be
given, and includes an arbitration.
(2) Expressions
in this Law relating to “bankers books” include ledgers, day books, cash books,
account books and other records used in the ordinary business of the bank,
whether those records are in written form or are kept on microfilm, magnetic
tape or any other form of mechanical or electronic data retrieval mechanism.
2 Mode of proof of entries in bankers’ books
Subject to the provisions
of this Law, a copy of any entry in a banker’s book shall in all legal
proceedings be received as prima
facie evidence of such entry, and of the
matters, transactions and accounts therein recorded.
3 Proof that book is a banker’s book
(1) A
copy of an entry in a banker’s book shall not be received in evidence under
this Law unless it be first proved that the book was at the time of the making
of the entry one of the ordinary books of the bank, and that the entry was made
in the usual and ordinary course of business, and that the book is in the
custody or control of the bank.
(2) Such
proof may be given by a partner or officer of the bank, and may be given orally
or by an affidavit sworn before any person authorized to take affidavits.
4 Verification of copy
(1) A
copy of an entry in a banker’s book shall not be received in evidence under
this Law unless it be further proved that the copy has been examined with the
original entry and is correct.
(2) Such
proof shall be given by some person who has examined the copy with the original
entry, and may be given either orally or by an affidavit sworn before any
person authorized to take affidavits.
5 Case in which banker, etc. is not compellable to produce book, etc.
A banker or officer of a
bank shall not, in any legal proceeding to which the bank is not a party, be
compellable to produce any banker’s book the contents of which can be proved
under this Law, or to appear as a witness to prove the matters, transactions
and accounts therein recorded, unless by order of the court made for special
cause.
6 Court may order inspection, etc.
(1) On
the application of any party to a legal proceeding the court may order that
such party be at liberty to inspect and take copies of any entries in a
banker’s book for any of the purposes of such proceedings.
(2) In
a criminal legal proceeding an order under this Article may be made either with
or without summoning the bank or any other party, and shall be served on the
bank 3 clear days before the same is to be obeyed, unless the court otherwise
directs.
(3) In
a civil legal proceeding an application for an order under this Article shall
be made by summons, which shall be served on the bank and the other party and
shall be supported by an affidavit showing the materiality of the inspection
and that the application is made in good faith.
7 Costs
(1) The
costs of any application to the court under or for the purposes of this Law,
and the costs of anything done or to be done under an order of the court made
under or for the purposes of this Law shall be in the discretion of the court,
which may order the same or any part thereof to be paid to any party by the
bank where the same have been occasioned by any default or delay on the part of
the bank.
(2) Any
such order against a bank may be enforced as if the bank was a party to the
proceeding.
8 Computation of time
Sunday, Christmas Day,
Good Friday and any bank holiday shall be excluded from the computation of time
under this Law.
9 Citation
This Law may be cited as
the Bankers’ Books Evidence (Jersey) Law 1986.