Digital Evidence - An Update for Criminal Practitioners

Introduction

These days, evidence in criminal proceedings is as much about digital evidence as it is physical. With digital evidence comes the added challenge of disclosure and admissibility. Often there is an evidential chain, which must be complete, before the evidence can be admitted.

As well as this, the issue of whether or not unused material is disclosable, has troubled the Divisional Court on more than one occasion recently, with the Lord Chief Justice stepping in to make his judicial views known.

As well as all this, we have had a new edition of the Attorney General’s Guidelines published, giving detailed advice on the responsibilities of investigators and prosecutors.

With so much going on, there really isn’t a better time to update yourself in relation to the law of digital disclosure. This seminar will seek to examine the principal areas of interest for criminal practitioners, particularly in sexual offences.

What You Will Learn

This seminar will cover the following:

• Phone calls and text messages - important guidance from the Court of Appeal
• A comprehensive examination of disclosure in rape and sexual offences
• Retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses
• The new Attorney General’s Guidelines - Disclosure Management Documents + more
• Identification evidence via social media - will it face-up to scrutiny in court?
• The law on hearsay - how might that help me?
• 999 calls and res gestae - getting the phone call itself admitted
• What constitutes ‘prosecution material’ under the Criminal Procedure and Investigations Act 1996?