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FDR / Services / Criminal defence review of digital evidence

Criminal defence · prosecution evidence · independent review · integrity check · expert report

Criminal defence review of digital evidence. An independent check of the prosecution's digital evidence: does its integrity hold, and does it say what is claimed.

Digital evidence put forward by the prosecution deserves independent scrutiny, and that is work we do for the defence, on a solicitor's instruction. The first-stage review checks the things that are often simply assumed: whether the prosecution's forensic image was taken and hashed properly and whether its integrity holds; whether the artefacts relied on actually say what is claimed of them; and what alternative explanations the same data supports, because an artefact that is said to prove one thing frequently supports several readings. It is written as fact, and it gives the defence solicitor a clear basis on which to decide whether to instruct a full expert report for the court. Where the matter proceeds, that expert report, written to the Criminal Procedure Rules Part 19 in England and Wales or the equivalent Northern Ireland practice directions, with the expert's declarations and duty to the court, is quoted separately. We are instructed by the defence solicitor, we work to the court's timetable, and we are candid that our role is to test the evidence, not to guarantee an outcome.

Owner-only, authority requiredFree first conversationStandard report £800 + VATWe say what it cannot prove

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Before anything else: stop using the device, and do not let anyone have a look at it. Every time a computer is switched on and used, the very artefacts an examination relies on, the timeline, the recently-opened lists, the deleted-file space, are overwritten a little more. Do not reinstall, do not run recovery software, do not let IT open it to check, and keep it powered off. Preserve it as it is, record who has held it, and send it with the authority documents we ask for. If proceedings are contemplated, the duty to preserve evidence has already begun.

Who instructs us, and the authority we need.

The instructing party is the defence solicitor, under formal instruction, with access to the prosecution's exhibits arranged through the usual channels. We ask for the instruction and the material. In England and Wales, legal aid pays a computer expert at the codified rate; in Northern Ireland the Legal Services Agency approves expert fees case by case and asks for comparative quotes, and we are content to be one of those quotes.

The first stage is a review: a factual check of the prosecution's imaging and hashes, the artefacts relied on, and the alternative explanations the data supports. It gives the solicitor a clear basis to decide whether a full expert report is warranted, without committing to the cost of one at the outset.

Where the matter proceeds, the expert report is written to the Criminal Procedure Rules Part 19 (England and Wales) or the equivalent Northern Ireland practice directions, with the expert's qualifications, the range of opinion, the declarations and the overriding duty to the court. It is quoted on the questions, the material and the timetable. We test the evidence; we do not promise a result.

What the standard report typically contains.

The integrity record checkedThe review checks whether the prosecution's forensic image was acquired and hashed properly and whether its integrity holds, because a defect in the handling of the evidence goes to its weight.
Whether the artefacts say what is claimedIt examines the specific artefacts the prosecution relies on, and whether they actually support the conclusion drawn from them, or have been over-interpreted.
Alternative explanationsIt sets out the alternative explanations the same data supports, because a single artefact, a file date, a connection, an access, frequently admits of more than one reading, and the defence is entitled to those readings.
A basis to decide on an expert reportThe review is written as fact and gives the solicitor what they need to decide whether to instruct a full expert report for the court, which is then quoted separately.

The questions it can answer, and what it cannot.

Describe your situation →
What you want to know What the examination shows What it cannot prove on its own
Whether the prosecution's evidence was handled properlyA check of the imaging, hashes and integrityGuilt or innocence
Whether the artefacts support the claimA review of the specific artefacts relied onWhat was in the mind of any person
What else the data could meanThe alternative explanations the data supportsWhich explanation is correct; that is for the court
Whether a full expert report is warrantedThe first-stage review's findingsThe outcome of the proceedings

From the exhibit arriving to the report.

Work we have closed →
01

The first conversation, and the authority check Free

Tell us the situation, who owns the device, and what you need to know. We tell you whether it is a job we can take on, what authority we will need, and whether the standard report answers your questions or an expert report is called for. That conversation is free, and some enquiries end there, because we will not take work we cannot lawfully or honestly do.

FreeOwner-only; authority established firstThe honest answer about what is possible
02

Imaging behind a write blocker, and the hashes

When the exhibit arrives, your authority is checked, the device is logged and photographed, and the drive is connected through a hardware write blocker and imaged bit for bit. MD5 and SHA-256 hashes of the source and the image are computed and verified, so the copy is provably identical. Nothing is examined on the original; every later step is done on the verified image.

Bit-for-bit, behind a write blockerMD5 and SHA-256, verifiedThe original never altered
03

The examination, on the image

The image is examined for the artefacts your questions turn on: USB device history, files opened from removable media, cloud and webmail activity, deleted files and the Recycle Bin, the USN journal, program execution, email, document metadata, shadow copies, and a timeline. Findings that matter are confirmed in a second tool. The work is scoped to what you asked; material outside the scope is not reproduced.

Scoped to your questionsConfirmed in a second toolPrivate material filtered out
04

The report

The standard forensic report sets out the exhibit and its condition, the integrity record, the tools and method, and the findings by category, with a timeline, the limitations, and factual conclusions, as a self-contained report with its chain-of-custody and case-log reports. It is written in plain terms, keeps fact separate from any comment, and is suitable for internal decisions, HR processes, negotiations and solicitors. Where you need opinion evidence for court, an expert report is quoted.

Factual, tool-generated, self-containedChain-of-custody and case-log reports5–10 working days

Before you send the exhibit

  • Instruct early where you can, so the review fits the court's timetable and informs the decision on an expert report.
  • Provide the exhibit access through the usual channels; we review the prosecution's own material.
  • Tell us the questions the defence needs answered, so the review and any expert report address them.

A single artefact often admits of more than one reading, and an independent review sets out the alternative explanations the same data supports.

What helps, and what harms.

Do this much first

  • Stop using the device and keep it powered off
  • Preserve it as it is; record who has held it
  • Gather your proof of ownership or authority
  • Tell us the questions you need answered

What sets us back

  • Letting IT or anyone open it to have a look
  • Reinstalling, wiping or running recovery software
  • Carrying on using the device
  • Assuming artefacts prove who was at the keyboard
We examine devices only for the people and organisations with lawful authority over them. Before any work begins we ask for proof that the device is yours, or documented authority to have it examined: proof of ownership, a director's or HR letter for a company device with the lawful basis, a solicitor's instruction, a court order, or an executor's grant. It is a condition of the work, not a formality, and it is what keeps the examination on the right side of the Computer Misuse Act 1990. We will not access another adult's device or accounts without their consent or a court order, we will not install monitoring software or bypass anyone's security, and we do not undertake covert surveillance. A device with no proof of authority is returned unexamined.

Questions answered before you instruct.

Can you review the prosecution's computer evidence against my client?

Yes, on the defence solicitor's instruction. The first-stage review checks whether the evidence was handled and hashed properly, whether the artefacts relied on say what is claimed, and what alternative explanations the data supports, giving you a basis to decide whether to instruct a full expert report.

Is this a standard report or an expert report?

The first-stage review is a factual report that informs the decision whether to go further. A criminal matter that proceeds will need an expert report written to the Criminal Procedure Rules Part 19, or the Northern Ireland equivalent, with declarations and the expert's duty to the court; that is quoted separately and runs into the thousands.

Will legal aid cover it?

In England and Wales legal aid pays a computer expert at the codified rate. In Northern Ireland the Legal Services Agency approves expert fees case by case and asks for comparative quotes; we are content to provide one. We will discuss fees and the legal-aid position at instruction.

Can you guarantee the evidence will be excluded or undermined?

No, and we would be wary of anyone who did. Our role is to test the evidence independently and set out, as fact, where its integrity or interpretation is open to question, and what else the data could mean. Whether that assists the defence is for the court.

What does it cost?

The first-stage review starts from £800 + VAT depending on the material; a full expert report for the court is quoted separately. We discuss the legal-aid position at instruction, and the first conversation is free.

The device holds the answer; preserve it first.

The first conversation is free, and it starts with who owns the device and what you need to know. Tell us the situation and we will tell you whether we can take it on, what authority we need, and whether the standard report or an expert report fits. Until then, stop using the device and preserve it as it is.

0800 6890668