During the investigation and prosecution of alleged offences of a sexual nature, the examination and service of evidence arising from digital communication is increasingly becoming an important feature.
Whilst a complainant may be reluctant to provide full access to all of their digital communications, on the bases of its personal content and that not all of it is relevant, the defendant may well maintain that all available digital communication is relevant as it may undermine the case being alleged by the Prosecution.
Amandeep Murria of Kangs Solicitors considers the recent cases of R v Carl Bater-James and Sultan Mohammed EWCA Crim 790 in whichthe Court of Appeal set out four principles which ought to be applied concerning digital communication evidence when conducting a prosecution involving sexual conduct.
We have acted in many high-profile investigations such as the wide-ranging Metropolitan Police investigation, Operation Yew Tree.
If any of the topics raised in this article affect you then please do not hesitate to contact one of our team. Kangs Solicitors has been recognised again as:
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R v Carl Bater-James and Sultan Mohammed EWCA Crim 790. | Kangs Sexual Offences Defence Solicitors
The Court of Appeal set out four important principles for courts to consider regarding disclosure of digital communication material:
- Are the digital communications relevant in the investigation / proceedings and, if so, should the material be disclosed?
- Will the electronic device itself have to be examined to review the relevant digital communications, or are there other options available?
- The complainant must at all times be kept fully informed of the review which needs to be taken for examination purposes and the material which needs to be disclosed to the defence. The defence will be required to identify, from the outset, why disclosure of such digital communication is relevant.
- The consequences have to be explained if a complainant does not provide permission for a particular device to be examined, refuses relevant material to be downloaded or deliberately deletes relevant digital communication.
How Can We Assist? | Kangs Sexual Offences Defence Solicitors
If you are facing accusations of any sexual offence of any nature, it is imperative that you seek expert legal advice immediately.
It is crucial that a solicitor is present at interview at any Police Station whether it is for an interview by appointment or under arrest.
If you need expert help and advice please do not hesitate to contact one of our team through: