What Will a Forensic Analysis of My Devices Show
We are often approached by clients and prospective clients whose
devices have been seized by the police
and they are concerned as to what the police will find. Often the questions asked by clients are whether the police can retrieve and recover deleted files, and how far back through a device will they look. This is a potential concern in particular for those accused of being in possession of indecent images of children.
Before a forensic examination takes place the police will first have a suspicion that an individual is in possession of unlawful material. This suspicion can arise in various ways for example; intelligence received by the National Crime Agency, Social media platforms such as KIK Messenger, Facebook and Snapchat, and in rare cases a witness.
When in receipt of the information the police will usually apply to the Magistrates Court for a warrant to search and seize
electronic devices belonging to the suspect. In some instances the police will not have a warrant and instead carry out a search and seizure using their powers under s.18 of the Police and Criminal Evidence Act 1984. The reason the police want to seize the devices is to turn the suspicion and intelligence received by external sources into evidence, to then go on and prosecute the suspect for a criminal offence/s. Such analysis can take a considerable amount of time, in some instances 12-18 months. Once results are obtained from the analysis they will be reviewed by the police officer in charge of the case. The suspect may then be invited to attend the station again for a further police interview, or their first interview in relation to the alleged offence. This will be to provide the suspect with an opportunity to provide an account as to why certain material has been found on their device. It is important you are represented by a solicitor at any such interview.
Child Abuse Images Database (CAID)
Images are usually graded by the police using the database CAID. CAID holds millions of indecent images of children and they are referred to as “known images”, because they are known to law enforcement. Images in CAID are often regarded as graded reliably because of the processes they go through to be stored on the database.
Accessibility and Knowledge of the Presence of Indecent Images
Two key questions which will automatically arise for us when we are contacted regarding an investigation or prosecution for indecent images of children, and questions which should always be put to a defence expert - could our client access the images in question? And/or did they have knowledge that they could access the images, the answers to these questions could significantly impact our clients case and the charges. We would consider the evidence in the case and ensure that the prosecution can prove the elements of the offence alleged, us and our experts would look at the following information:
The location of the images on the device.
How the images came to be located there.
How accessible the images are in the location without specialist knowledge of software to retrieve them.
Are there any search terms indicative of indecent material.
We often have forensic reports presented to us by the prosecution which relate to cached images. Our client would only be guilty of the offence of making or possessing images if they knew of the image in the cached file. This situation can often arise where torrents are used for bulk downloading of files or, a link is sent in a group chat which the client did not open and therefore had no knowledge of what material would be on the link, we see this regularly when apps such as KIK Messenger and What’s App are used.
Can Deleted Files be Recovered?
If a particular file has been deleted, depending on the size, this file transfers to the recycle sleeve if the device is a computer. Once this is emptied, the contents are no longer accessible to a regular user but still retrievable to the expert. However, data can and regularly does become overwritten by new material leaving only half of the document or picture being retrieved. The same applies to mobile devices and the time frame to retrieving these deleted files proves to be indefinite.
How Does Forensic Analysis Work?
Once the police have utilised their forensic examiner, a Streamlined Forensic Report (SFR) or a prosecution report will be produced. The report generated will include information on the quantity of images found, where they were found on the device, whether there has been any search terms indicative of child abuse material. Fundamentally, the property will determine whether any indecent material has been found.
How can Eventum Legal help me?
At Eventum Legal we regularly speak to clients who have had their computer equipment seized. In some instances they have been interviewed and some not, but most are waiting for the police to complete forensic analysis of their devices. Because of the wait they are enduring, sometimes referred to as being in limbo, they are left with uncertainty as to what is going on.
We always advise that us making early contact with the police is beneficial to our client. We will confirm with the police the anticipated timeframe for the investigation and any disclosure of the suspected offences. Upon receiving as much information as possible at this stage we will consider it alongside our client’s circumstances which may have led to their material being seized. We will discuss how the investigation is impacting our client’s mental and physical health and try to assure them that we will deal with the investigation and the police and allow them to focus on their wellbeing.
We will explain the applicable offences to our clients in a clear and logical way, minus the legal jargon and explain how we may be able to challenge any forensic evidence that may arising in their case.
If you, a family member or friend is facing a police investigation and currently waiting for the forensic examination of devices, contact our specialist lawyers today
for a free, no obligation chat. We will aim to put your worries at ease and discuss possible defences with you.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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