Digital Evidence And Disclosure [2021]

The law in relation to disclosure has been on a statutory footing since 1996. However, in recent years it has had to adapt to the challenges of the 21^st century. Digital evidence and the disclosure of it, has presented a novel and new challenge for the courts in recent years. There has been significant talk of “digital strip-searches” in sexual offences which has led to guidance from the Court of Appeal and updates to the Attorney General’s Guidelines on disclosure.

This course will cover the following areas:

• Retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses
• Case-law giving guidance as to the reach of the statutory duty
• Guidelines on disclosure and the duty upon prosecutors
• Phone calls and text messages – what should I be considering?
• Disclosure of phone records in sexual offences – is a digital strip search necessary?

Learning aims and objectives:

• How to apply the Criminal Procedure and Investigations Act 1996 to digital evidence
• How to deal with the disclosure of digital evidence, such as phone calls and text messages
• How to adduce digital evidence using the hearsay provisions.