Following from the recent BCL article discussing digital data requested in investigations, BCL partner, Paul Morris was quoted in an article from The Times on the uses of this data in trials.
An extract from the article:
“Jerry Hayes, the former Tory MP and barrister who blew the whistle on disclosure failings in a case, said that the rules were clear and “the police are not entitled to trawl through all calls and social media as a matter of course”.
He was reacting to an outcry over new police forms that people reporting rape must sign and which authorise detectives to seize data from their phones, computers and smart watches.
According to campaigners, the provisions mean that if alleged rape victims refuse to hand over their information, their cases could be dropped.”
The quote from Paul Morris:
“Paul Morris, of the firm BCL Solicitors, said that the police forms did not alter the statutory test for disclosure as set out in the Criminal Procedure and Investigations Act 1996, which requires the prosecution to disclose its case to the defence, together with any material that might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the defence.”
This article was originally published by The Times on 1st May 2019. To read the full article visit The Times site.