The Ministry of Justice has launched a 12-week call for evidence to scrutinize how computer-generated evidence is treated in the criminal justice system, aiming to prevent future miscarriages of justice.
Learning from the Horizon Scandal
The move comes in the wake of the Post Office Horizon scandal, where faults in an accounting software system led to the wrongful convictions of hundreds of innocent sub-postmasters. The case highlighted the dangers of presuming computer evidence to be infallible.
Currently, there is a presumption in the legal system that computers work correctly and that software-generated evidence is accurate unless proven otherwise. This review seeks to challenge that assumption and ensure digital evidence is thoroughly interrogated in court.
Justice Minister’s Statement
Justice Minister Sarah Sackman KC emphasized the need for reform, stating:
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.
“Ensuring people are protected from miscarriages of justice is vital, and this review is a key part of the government’s Plan for Change.”
Scope of the Review
The call for evidence will invite views from:
- Legal professionals with experience in criminal cases.
- Computer and software experts.
- Organizations and individuals involved in the criminal justice system.
Key areas of focus include:
- Defining computer evidence: Determining distinctions between general digital evidence, such as text messages or social media posts, and data specifically generated by computer systems.
- Proving accuracy: Exploring how the burden of proving a computer’s reliability could shift to those supplying digital evidence.
- Future-proofing reforms: Ensuring any changes are practical and do not unduly delay court proceedings.
Balancing Speed and Scrutiny
While recognizing the importance of scrutinizing computer evidence, the Ministry of Justice noted potential challenges. For example, requiring the prosecution to prove a computer’s reliability in every case could slow down prosecutions, particularly in fraud cases involving vast amounts of digital data.
Impact of Proposed Changes
The review aims to better equip defendants to challenge digital evidence and ensure greater accountability for the accuracy of evidence presented in court. This could bolster confidence in the criminal justice system and protect against wrongful convictions.
Broader Efforts
The initiative forms part of the government’s Plan for Change, which seeks to restore public trust in policing and the justice system.
Next Steps
The Ministry of Justice is encouraging stakeholders to participate in the consultation, with findings expected to shape reforms in how courts handle digital evidence.
The government’s efforts mark a significant step toward ensuring technology serves justice without compromising fairness.
