Technology has changed the way we communicate with each other, for
better or for worse. The result is that most criminal investigations now
involve some aspect of digital communications evidence - be it mobile
telephones seized from suspects, call data obtained from mobile network
operators, or records taken from social media platforms.
This book is for practitioners looking to understand the most common
types of digital communications evidence used in criminal prosecutions.
From cell site mapping through to mobile telephone extraction, each
category of evidence is explained and the relevant law set out. The uses
and limitations are explored, as well as a focus on how best the
evidence can be presented or challenged before judge and jury. Although
primarily aimed at junior advocates and litigators, it is also intended
to be a quick reference guide for those more senior.
Part One contains a chapter on each category of evidence, covering:
Mobile Telephone Extraction, SIM Card Extraction, Call Data Records,
Subscriber Checks, Cell Site Evidence, IP Address Resolution, and
Intercept Material. Part Two deals with the relevant notices and
warrants under RIPA 2000 and IPA 2016. Part Three is focused on
disclosure: how it should be managed, what review tools are available,
and how complainants should be treated.
ABOUT THE AUTHOR
Sam Willis is a specialist criminal barrister at 5 King's Bench Walk,
acting for both prosecution and defence. His practice is focused on
serious and complex cases, usually involving violence, weapons, drugs,
and fraud.
Prior to his work as a barrister, Sam was an IT developer specialising
in mobile applications and data analysis. He is regularly instructed in
cases that require a sound technical understanding of digital evidence
and the law that applies to it. He has published several mobile apps
which are widely used by solicitors and barristers working in criminal
law, and he sits on the Bar Council's IT Panel.
CONTENTS
Part One - Types of Evidence
Mobile Telephone Extraction
SIM Card Extraction
Call Data Records
Subscriber Checks
Cell Site Evidence
IP Address Resolution
Intercept Material
Prison Intercepts
Foreign Intercepts
Encrypted Messaging Intercepts
Part Two - Notices and Warrants
Section 49 RIPA Notices
Targeted Interception Warrants
Targeted Equipment Interference Warrants
Part Three - Disclosure
Managing Disclosure
Disclosure Tools
Complainants - Mobile Telephone Extraction