Could the notion of a "digital strip search" in sexual offence cases be more myth than reality? In this episode, we tackle the intricacies of digital disclosure, focusing on how unused material can tip the scales of justice. With technology, social media, and AI revolutionising the legal landscape, we dissect the nuances of the Criminal Procedure and Investigations Act 1996 and its impact on both prosecution and defence strategies. From the misunderstood dynamics of rape cases to the role of digital evidence, we unpack the layers of complexity surrounding these sensitive topics.

A deep dive into cases like McPartland and Grant unveils the challenges of accessing potential digital evidence and the shadow of heightened judicial scrutiny. We explore the principles set by the judiciary to balance necessity and privacy, and consider how these guidelines affect the pursuit of digital evidence. We also discuss the evolving court processes, which are shifting towards an inquisitorial approach to streamline proceedings and uphold fair trial standards, even amidst complex digital investigations.

The episode also sheds light on ethical considerations and recent procedural updates that promise transparency in prosecutorial decisions. Hear about the importance of the Victim's Right of Review which has been extended and is currently being run in pilot form in the West Midlands. If successful, this has the potential to see more perpetrators brought to justice and victims feeling more involved in the outcome of a prosecution.

With practical insights into the evolving nature of criminal proceedings, we aim to provide clarity and assurance to both legal professionals and those navigating the court system. Digital disclosure is not just about the evidence, but the ethical pathways that lead to justice.

For more information or to book a place on a forthcoming course please visit legal-eagle-training.com.

Documents and references in the podcast can be found here:

R v Bater-James [2020] EWCA Crim 790

https://www.bailii.org/ew/cases/EWCA/Crim/2020/790.html

Attorney General’s Guidelines on Disclosure - 2024

https://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure

Extraction of Information from electronic devices: code of practice

https://assets.publishing.service.gov.uk/media/634810a38fa8f53463dcb957/E02802691_Electronic_Devices_Code_of_Practice_WEB.pdf

Radio 4 - Women’s Hour – Interview with Max Hill QC – then DPP

https://www.bbc.co.uk/sounds/play/m000x1fh

Extension of Victims Right to Review

Crown Prosecution Service Website:

https://www.cps.gov.uk/west-midlands/news/survivors-rape-and-serious-sexual-assault-given-right-have-dropped-cases