Presenting digital evidence in court

Kennedy, Ian (2023). Presenting digital evidence in court. BCS, The Chartered Institute for IT.



Contrary to the phrase ‘the evidence speaks for itself’, the presentation of digital forensic evidence to court does not readily convey inference to a jury (or other decision maker) deliberating over the guilt or innocence of individuals. Such evidence continues to pose a number of challenges for digital forensic practitioners (referred to hereafter simply as ‘practitioners’). Today’s practitioner operates in a very different environment to that previously described by the author back in 2006 when he wrote as a practitioner working for the police on the subject of presenting digital evidence to court. The challenges faced by practitioners to investigate and prepare evidence for court are many and are explored in this article.

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