Legal presumption in spotlight
The Ministry of Justice has launched a call for evidence to assess whether courts should reconsider their current approach to computer evidence in the criminal justice system, following the Post Office Inquiry.
Currently, criminal evidence rules operate on the assumption that computers function correctly, and that evidence generated by software is reliable unless proven otherwise. But the Post Office Horizon scandal, which saw hundreds of innocent sub-postmasters wrongly convicted due to errors in accounting software, has cast doubt on this presumption.
Faults in the Post Office’s Horizon system went unchecked, leading to over 900 incorrect prosecutions against Post Office staff. Many sub-postmasters went to prison for false accounting and theft, and many were financially ruined.
The government is now asking for input from justice professionals, technology experts, and other stakeholders to consider whether reforms are needed to better safeguard against similar failures in the future.
Justice Minister Sarah Sackman KC commented:
“We must learn the lessons of the Post Office scandal. A blanket ‘no questions asked’ acceptance of the accuracy of digital evidence can have a devastating impact on people’s lives. We need to carefully consider how we can both use and interrogate digital evidence in court. Ensuring people are protected from miscarriages of justice is vital, and one part of the government’s Plan for Change.”
The review could lead to a rewrite of criminal evidence rules when it comes to technology. It will consider whether the prosecution should be required to prove that computer systems or software are functioning correctly before digital evidence is accepted. The change could affect the speed of prosecutions, the MoJ note, particularly in cases involving large volumes of digital evidence.
The call for evidence will also explore how different types of digital evidence, from text messages to software-generated data, should be defined and treated in court. While reforms could empower defendants to challenge digital evidence more effectively, the Ministry cautions that any changes to evidence rules would not address intentional failures to disclose evidence, as was the case in the Post Office scandal.
The call for evidence is seeking input on how computer evidence should be defined, and the scope of any change to the law. The MoJ seeks views from those with experience of the criminal justice system, along with those with expertise in computers and software.
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