Digital Evidence And Disclosure [2021]

Webinar Details

Available now

Expires after 90 days

Clive Smith, Barrister & Legal Trainer

CPD Hours: 1


From our LAW2021 Online Criminal Law Spring package, this 1-hour session by Clive Smith covers how to adapt the law to the challenges of the 21st century.

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 21st 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.