HC Deb 01 March 2004 vol 418 cc738-40W
Mr. Oaten

To ask the Secretary of State for the Home Department (1) what assessment he has made of the reliability of electronic evidence; [154018]

(2) what assessment he has made of systems for the sealing of electronic evidence; and what trials have taken place. [154020]

Paul Goggins

Assessing the reliability of evidence in whatever form is a matter for the courts. However, the Government are concerned that the public should have full confidence in the integrity of all evidence, including electronic evidence, and are determined to ensure that appropriate guidance and procedures are in place to support it. In March 2002, the Police Scientific Development Branch of the Home Office, in conjunction with the Association of Chief Police Officers (ACPO), published the guidance document, Digital Imaging Procedure. This is now in use across the criminal justice system in England and Wales.

The document sets out detailed guidance for operational, administrative, and judicial staff on the procedures that should be followed to ensure that digitally captured images can be accepted as evidence throughout the Criminal Justice System. Among other matters, the document includes guidance for audit trails to ensure the authenticity and integrity of the evidence, and how to protect the 'Master' image. The procedure does not rely on 'electronic' protection but neither does it preclude its use: as the guidance points out, there are several methods for electronically' authenticating an image file.

However, in the case of digital images captured by unattended roadside traffic enforcement cameras, the use of electronic protection is made mandatory by non-statutory guidance in the form of a document issued by the Police Scientific Development Branch entitled "The Speedmeter Handbook". This is because the image is the only evidence of an offence having taken place. The method of protection used is one that is based on techniques used to secure banking transactions.

ACPO have also produced a good practice guide on electronic evidence to provide advice and principles for police forces in dealing with all electronic evidence.

Mr. Oaten

To ask the Secretary of State for the Home Department what plans he has to introduce electronic evidence sealing technology into(a) investigation of relevant crimes and (b) his Department's electronic communications. [154019]

Paul Goggins

The Government are concerned that the public should have full confidence in the integrity of all evidence adduced in criminal proceedings, including evidence in an electronic form. Unattended roadside traffic enforcement cameras are required to be of a type approved by the Secretary of State, and the digital images they capture are protected electronically. A method based on techniques used to secure banking transactions is used for this purpose.

The Digital Imaging Procedure', which sets out best practice guidelines for ensuring the acceptability in court of all other digital images as evidence, does not rely on electronic protection of images but neither does it preclude its use. The Association of Chief Police Officers (ACPO) has also produced a good practice guide on electronic evidence to provide advice and principles for police forces in dealing with all electronic evidence. We are determined that appropriate and effective procedures and guidance should be available to ensure the admissibility in court of other kinds of electronic evidence, and are satisfied that this is currently the case. These matters are, however, kept under constant review.

The Home Office currently has no plans to introduce electronic evidence sealing technology into its electronic communications.