Digital evidence in defence practice: Prevalence, challenges and expertise

Abstract

This article examines how criminal defence lawyers in the English adversarial system understand and use digital evidence (DE). Its first aim is to provide an empirical insight into their practices. Secondly, the article seeks to analyse the difficulties encountered by these professionals in accessing and working with DE—both those that they receive from the prosecution and those presented by the DE they need to defend their clients. Thirdly, the article discusses how criminal defence lawyers understand DE and its limitations and select relevant expert witnesses. Fourthly, it considers how the tensions discussed can be overcome. It is argued that while systemic issues outside the control of criminal defence lawyers are likely to impact the speed with which DE and witness expertise are secured, improving these professionals’ digital literacy remains key to best representation and successful criminal justice outcomes.