Public reporting has confirmed what defence practitioners already knew: police digital forensic units are working through significant backlogs of devices awaiting examination. The consequences reach into every stage of the criminal process.
The practical effects
- Charging decisions made on partial evidence, with fuller extraction produced late.
- Disclosure served in tranches, sometimes close to trial.
- Bail conditions imposed on the strength of forensic evidence still to be produced.
What defence teams can do
Commission independent examination early, particularly where the client's account can be tested against the device. Ask specific questions about the extraction actually performed by the police, not only about the material they have chosen to serve. The gap between the extraction and the disclosure is often where the case is.