Digital Evidence & Criminal Law - Disclosure, Admissibility & More

Introduction

With almost everything we do these days leaving a digital trail, digital evidence has become a part of almost every case before the criminal courts. The admissibility of digital evidence, particularly phone evidence, is not straightforward. Relevance, admissibility and continuity, are just a few hurdles which must be surmounted before such evidence can be relied upon.

With all of this, disclosure has become an increasingly complex area. The Attorney General’s Guidelines on disclosure had remained untouched for some years. However, there have been two important updates to these in a little over a year. Alongside this, the then Lord Chief Justice and President of the Queen’s Bench Division have given important guidance from the Divisional Court on issues of disclosure.

Not to be left out, the Court of Appeal have given several incredibly important judgments in relation to disclosure in sexual offences. The concept of the “digital-strip search” was addressed at length by the former Vice President of the Court of Appeal Criminal Division.

With so much going on, and disclosure issues in high-profile cases routinely making the headlines, there really is no better time to update yourself and ensure you are abreast of all the latest developments.

What You Will Learn

This virtual classroom seminar will seek to examine recent changes in disclosure for criminal practitioners, particularly in sexual offences. In particular, this course will examine:

• A comprehensive examination of disclosure in rape and sexual offences - Is a “digital strip-search” necessary?
• The new Attorney General’s Guidelines - Disclosure Management Documents & more
• What constitutes “prosecution material” under the Criminal Procedure and Investigations Act 1996?
• Identification evidence via social media - will it face up to scrutiny in court?
• The law on hearsay - how might that help me?
• Phone calls and text messages - important guidance from the Court of Appeal
• 999 calls and res gestae - how might I adduce it?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.