by Hans Henseler

UK Law Enforcement agencies are facing significant challenges related to digital evidence disclosure in criminal prosecution cases. Suspects who are charged with a crime must have access to all relevant evidence to ensure a fair trial, even if the evidence can undermine the prosecution. To avoid disclosure errors and ensure that digital evidence is admissible in court, the UK Crown Prosecution Service (CPS) revised the Disclosure Manual in December 2018 and addressed the following topics:

• Reasonable lines of enquiry
• Identifying relevant material
• Disclosure documentation
• Legal professional privilege (LPP)
• Copying disclosable material

In this article, I will cover what each of the CPS disclosure manual topics mean and provide seven principles that will help streamline the review of digital material so that it better fits within the context of UK Disclosure requirements. Our recommendations are as follows:

1. Early review of digital material can assist with the evaluation of reasonable…