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UK analyst threatened with contempt

Computer forensics discussion. Please ensure that your post is not better suited to one of the forums below (if it is, please post it there instead!)
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Jonathan
Senior Member
 

UK analyst threatened with contempt

Post Posted: Jul 15, 11 19:10

www.kentonline.co.uk/k...liams.aspx

Too right. Tried to blame it on the CPS. Rolling Eyes
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Rich2005
Senior Member
 

Re: UK analyst threatened with contempt

Post Posted: Jul 15, 11 20:24

Ouch, that must have been a fun day in court.  
 
  

jhup
Senior Member
 

Re: UK analyst threatened with contempt

Post Posted: Jul 15, 11 20:36

I do not know.

Looking across the pond, I am tired of judges having a "holier than thou" attitude.

I have worked on cases where judges flipped out and had God complex.

Should I ever find a judge telling me I have to do something that is explicitly illegal, I would tell them "do it, hold me in contempt, and will see how the media will set your powdered curly wig on fire"... (How are judges assigned, and for how long?)

In this case, at least in the US, it is beat into our heads, never ever, ever duplicate such material. Do not look in their general direction, do not even display it, do not think about it; do not even breath in their vicinity . . .

So the poor schmuck says "hey I am not allowed to give you stuff like this"... then he gets beat up on the other end.

As I said, I do not know if I agree with the judge raking this guy...  

Last edited by jhup on Jul 15, 11 20:46; edited 1 time in total
 
  

mallaig
Newbie
 

Re: UK analyst threatened with contempt

Post Posted: Jul 15, 11 20:37

- Jonathan
Too right. Tried to blame it on the CPS. Rolling Eyes


Too right?!

Read the full article again and you may find the bit that says "guidance has been issued by ACPO setting out how the defence can be provided with the indecent images or media that has been found."

If the defence is unfit to follow the required prodcedure you can't blame the analyst, let alone threaten him with imprisonment... Rolling Eyes  
 
  

Jonathan
Senior Member
 

Re: UK analyst threatened with contempt

Post Posted: Jul 15, 11 21:01

- mallaig
- Jonathan
Too right. Tried to blame it on the CPS. Rolling Eyes


Too right?!

Read the full article again and you may find the bit that says "guidance has been issued by ACPO setting out how the defence can be provided with the indecent images or media that has been found."

If the defence is unfit to follow the required prodcedure you can't blame the analyst, let alone threaten him with imprisonment... Rolling Eyes


Too right.

Read the full article again and you may find the bit that says "guidance has been issued by ACPO setting out how the defence can be provided with the indecent images or media that has been found."

The ACPO guidelines are, as the article says, just guidelines. It's plainly incorrect to hold a industry code of practice as of greater importance than a judge's orders. Expert witnesses are there to serve the court, not the other way round. The Academy of Experts has summed up it very well:

"An expert's duty in providing written reports and giving evidence is to help the Court, and that this duty overrides any obligation to the party by whom they are engaged"
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PaulSanderson
Senior Member
 

Re: UK analyst threatened with contempt

Post Posted: Jul 15, 11 21:14

I think for those of you across the pond it is worth bearing in mind that it is quite normal for a defence expert to have access to IIoC material. When I did this sort of work I had never had any trouble getting a copy of the images to examine at my premises from any UK police force.

I dont think the issue here is that the judge ordered the release of the images, it is more that the police expert asked for the orders in writing (assuming the press report is correct).
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pragmatopian
Senior Member
 

Re: UK analyst threatened with contempt

Post Posted: Jul 15, 11 21:16

- Jonathan

Read the full article again and you may find the bit that says "guidance has been issued by ACPO setting out how the defence can be provided with the indecent images or media that has been found."

The ACPO guidelines are, as the article says, just guidelines. It's plainly incorrect to hold a industry code of practice as of greater importance than a judge's orders. Expert witnesses are there to serve the court, not the other way round.


QFT  
 

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