PRESENTING DIGITAL EVIDENCE | The Investigator

Presenting digital evidence both orally and in written form at court, 27 February 2025

Provides contemporary best practice and current thinking around the challenging area of presenting digital evidence both orally and in written form at court

Aimed at digital forensics staff and Digital Media Investigators or anyone working in a digital role who want to develop new skills or enhance and revise existing skills.

The workshop is operationally focussed and will provide practical advice underpinned by relevant guidance and legislation to ensure your digital evidence withstands scrutiny from the CPS and in court.

It will also provide a forum for practitioners to share their experiences and network with their peers in a safe and supportive environment.

Our speaker

Lewis has 30 years’ experience firstly working as an intelligence officer and then specialising in digital evidence. He has previously worked for the Met Police, the former National Criminal Intelligence Service, National Crime Squad, Serious and Organised Crime Agency and latterly the National Crime Agency where he has worked on numerous major investigations where digital evidence was pivotal to the investigation.

Held online via Teams.

Certificates of CPD available

The workshop will include:

Your role in the court process, the importance of informing the court, being reasonable and even handed and being confident with the material you are presenting while also not being afraid to admit when you don’t know an answer to a question.

Giving evidence in court

General principles around presenting often technical evidence in court to a jury, some of whom might have limited technical knowledge
Common challenges and pitfalls around presenting digital evidence and how to address these
Difference between opinion and fact and the role of the Digital Forensics Examiner/Investigator within the wider prosecution process

Written evidence

General principles around writing often technical evidence in court concisely to a non-technical person.
Common challenges and pitfalls around written digital evidence and how to address these

Key Considerations, guidance and best practice around presenting mobile device evidence in court

Changes brought about by the IP Act 2016
Information Commissioner Office publications on focus on victims/witnesses and suspects
Attorney General’s Guidelines 2020 to 2023
Changes to the way we examine devices for victims/witnesses.
Keywording/areas of interest on the phone
Tiered approach to mobile phone evidence
The importance of managing expectations of the SIO who might request that everything is examined on a phone
Electronic extraction considerations
What apps are present? What apps been parsed?
Further apps unparsed, identify decode yourself or ask is there are further details, thumbnails identifying files?
Why is your evidence present/missing?

Key Considerations, guidance and best practice around presenting computer forensics evidence in court

Attorney Generals Guidelines - keeping data vs machines: business continuity
Legal privilege and how to approach this
Keywords: get involved, challenge, share with defence ask for more from them
Automated tagging, care on nomenclature, could undermine possible prosecution
Dates and times, understand pitfalls but also opportunities
Encryption, identify size and type, specialist bruteforce, look for the password far and wide
if you can’t break it then apply Section 49
Can you identify what might be there?
Cloud data
Anti-forensics, identify. Is it doing its job? Is it properly configured? Hiding or just being careful?

General considerations around statements

Challenge inappropriate statement requests
Set out the facts so barristers can draw the conclusions
Ensure you are even-handed in your descriptions
Consider ‘why is your evidence there?’ and can you include the reasons why.
Also consider why your evidence isn’t there.
Defence case statement: read it, understand what is being challenges
Meet with barristers before giving evidence

HOW TO BOOK

Cost: £209.00 + VAT (GBP) per delegate (LEA and Government Agency rate). £299.99 + VAT (Industry rate).

SPECIAL OFFER: Book 26 & 27 February for just £350 + VAT per delegate

Group bookings: We offer various discounts for group bookings depending on numbers, please contact us for details.

Booking: Please send the delegates name(s), email address(es) and purchase order (made out to The Investigator) to booking@the-investigator.co.uk or telephone +44(0)844 660 8707 for further information.

Payment can be made by PayPal/debit/credit card (corporate card fees apply + 3%). The meeting link will be sent out 7 days before the event.