Important Changes to the Examination of Victim and Witness Digital Devices by Giles Bridge
Thu 16th Jul 2020
Today, 16/7/20 the National Police Chiefs Council announced that they are to scrap the existing ‘consent forms’ that they expect victims and witness to sign when obtaining access to digital devices such as mobile telephones. The move was announced by the National Police Chiefs Council here. A new interim form will be in use from the 13/8/20.
The move follows legal action brought by two complainants with the support of the Equality and Human Rights Commission and the Centre for Women’s Justice challenging the legality of the policy. In addition, the forms were heavily criticised as a result of an investigation by the Information Commissioner. The criticism of the Lord Chief Justice of the current system in the Court of Appeal decision in R v Bater James was, it seems, the final and decisive criticism that brought about the change in policy.
For a detailed review of the decision in R v Bater James and the principles which now apply to the seizure, examination and disclosure of digital devices, please read this further article by clicking here.
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