Image source: National Archives, Open Government Licence v3.0
The Ministry of Justice (MoJ) has begun an expert review of how computer evidence is used in the courts system.
It said there is currently a presumption that computers work correctly and any evidence generated by software is accurate, unless there is evidence to the contrary.
But the limitations of this were highlighted by the wrongful convictions of hundreds of innocent sub-postmasters in the Post Office Horizon scandal.
MoJ has launched a call for evidence to collect views on how to ensure people are better protected from miscarriages of justice. This includes how computer evidence should be defined, and what could fall into scope of any change to the law.
For example, distinctions might need to be drawn between general digital evidence like text messages or social media posts, and evidence which has been specifically generated by a computer system or software.
Learning lessons
Justice Minister Sarah Sackman KC said: “We must learn the lessons of the Post Office scandal. A blanket ‘no questions asked’ acceptance of the accuracy of digital evidence can have a devastating impact on people’s lives.
“We need to carefully consider how we can both use and interrogate digital evidence in court. Ensuring people are protected from miscarriages of justice is vital, and one part of the Government’s Plan for Change.”
MoJ said that computer evidence forms a substantial part of many modern prosecutions, particularly in crimes such as fraud, which can involve thousands of digital documents. Digital evidence is also often used in rape and serious sexual offence cases.
Any change requiring the prosecution to prove any computer device works correctly could impact how quickly cases can be completed. Therefore, any reform must be well thought out and future proofed.
