The role of computer evidence in the criminal justice system will be examined through a call for evidence to prevent future miscarriages of justice.
- Presumption computer evidence is correct proved flawed during Horizon scandal
- Expert views sought on how computer evidence should be treated
- Review aims to prevent future miscarriages of justice
Currently, there is a presumption that computers work correctly and any evidence generated by software is accurate, unless there is evidence to the contrary.
However, the limitations of this were highlighted by the wrongful convictions of hundreds of innocent sub-postmasters in the Post Office Horizon scandal. Faults in the Post Office's accounting software system proved the fallibility of digital evidence and the potential for devastating miscarriages of justice if evidence is not thoroughly interrogated.
The 12-week call for evidence launched today (Tuesday 21 January) will invite views from across the justice system and beyond on the presumption.
By seeking new ways to ensure people are better protected from miscarriages of justice, this expert review will help to build on the government's broader efforts restore public confidence in policing and in the criminal justice system through our Plan for Change.
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.
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.
The call for evidence is seeking expert input on 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.
It will seek views from organisations and individuals with experience of the criminal justice system, along with those with expertise in computers and software.
The miscarriages of justice which occurred in the Post Office cases were down to deliberate failures to properly interrogate and disclose evidence - which prevented postmasters and others from effectively challenging the reliability of the Horizon computer system evidence.
Any changes to the presumption would not be able to further protect against instances where parties mislead a court on the accuracy of the evidence. But lying in court - or perjury - is a separate crime already.
However, removing or changing this presumption could mean defendants are better equipped to interrogate computer evidence against them, and would put more onus on the party supplying the digital evidence to ensure it can stand up to scrutiny.
