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Critical Analysis of ACPO's Guidelines

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(@forensicsstudent)
Posts: 10
Active Member
Topic starter
 

Hi

I'm currently writing an essay on

The Police gather evidence at various stages of a criminal investigation, critically analyse the process and the relevant underpinning theory.

I'm a digital forensics student therefore I am choosing digital evidence as the subject matter. I've been spending time researching any arguments against the ACPO Good Practice Guide for Computer Based Electronic Evidence but it is proving difficult to find anything of any value.

I'd like to hear a professionals opinion and if there are any criticisms of the ACPO guidelines. What would you change about the guidelines? Do you have any examples of when the ACPO guidelines hindered your investigation or didn't work cohesively with you?

I would like to quote you in my essay if that is ok?

Thanks

 
Posted : 17/11/2010 10:22 pm
binarybod
(@binarybod)
Posts: 272
Reputable Member
 

What with the thread title and the general thrust of your post it makes me wonder to what extent you have already made up your mind. Have you written your conclusions and just need supporting evidence?

BTW I'm no fan of the current ACPO guidelines but I've arrived at this through bitter experience. My point is that proper critical thinking involves also considering the fact that they may be brilliant and it's us mere mortals that are thick and can't apply them properly.

Remember, you are hoping to enter a scientific discipline and as such it involves dispassionate, critical analysis (as far as is humanly possible that is).

We are near neighbours so I am quite happy to talk about this if you want. PM me if you need some contact details.

Paul

 
Posted : 18/11/2010 2:21 am
(@rupert)
Posts: 11
Active Member
 

Good evening,
I have been heavily involved in ACPO E Crime work & NPIA. I did a critique of the ACPO Good Practice Guide for Computer Based Electronic Evidence. It is a strange beast that has far too much credibility for my liking. It is from neither the legislature, the executive nor the Judiciary. It is from a pseudo quango. It is not the law. Yet it is on the high altar. Since when has a chief police officer known about digital forensics? Why not have the Police Federation guidelines on computer based evidence. At least the Police federation is mentioned in statute, ACPO isnt.
I think you have to look outside the box. . It is made up by a commitee that…well I am not sure…. Politics are involved. And I was there!! There are get out clauses. Who pays for the printing? Otherwise ACPO could not afford it. In the light of budget cuts will everyone have the required training, hardware or software? Have the four principles been diluted by the Forensic regulators attempts at having 6 principles? I could go on. But think of it from the other side of the fence. If you were a defence lawyer how would you use the ACPO GPGCBE to cross examine a witness. It can be your friend or your enemy. It depends who is paying you!!
So start again with a totally cynical eye over them. Then move on and have a laugh at the Managers guide. You will find it under fiction.

Good luck,
David.

 
Posted : 18/11/2010 3:03 am
(@forensicsstudent)
Posts: 10
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Topic starter
 

Hey

Thanks for taking time out to reply, I really appreciate it.

After discussing the essay once more with my lecturer its clear that I totally misunderstood the question oops ?

She wants me to look at legislation such as PACE section 18, 19, 20 (search and seizure), PACE sections 78 (admissible evidence), RIPA Act, Human Rights Act article 8 etc etc and evaluate the value of the evidence gained through Digital Forensics investigation against breaching certain legislation. For example in the Soham murder case, telecommunications were intercepted by law enforcement so how does that impact the human rights act and invasion of privacy.

Although its all very interesting, essentailly I'm an IT student and I feel we shouldn't be doing this module anyway as its more of a criminology module. Especially as we've got an "E-Crime and the Law" module next term, this all seems a waste of time and money. I'd much rather be getting more experience using Encase or FTK rather than looking into legislation which (lets face it) has little to do with my degree. But I won't bore you with university politics!

It's really interesting to hear your opinions on the guidelines. I can appreciate that it can be infuriating that someone who (perhaps) doesn't understand how to format a hard drive never mind investigate a hard drive is dictating how you work.

Once again thanks for your advice and time taken to answer my question

Tom

 
Posted : 18/11/2010 8:39 pm
(@tootypegs)
Posts: 80
Trusted Member
 

Quote I would like to quote you in my essay if that is ok?

surely most universities dont find a quote coming forma forum very good reference points? Would you not have to find constructive info from written papers and journals

 
Posted : 18/11/2010 8:57 pm
(@forensicsstudent)
Posts: 10
Active Member
Topic starter
 

Lecturers definitely champion journals and papers, but if I got an opportunity to interview a professional or academic then that would be a great source

 
Posted : 18/11/2010 9:06 pm
(@drdebonair)
Posts: 25
Eminent Member
 

How do you expect to be able to conduct investigations in the real world if you don't understand th rules of regulations of doing so?

Modules like that aren't a waste of time, I've used knowledge I've gained from similar modules on numerous occasions during investigations.

Also, quoting from fourms in in an essay in a matter such as this I would say is a no no, but that's upto you.

 
Posted : 18/11/2010 9:22 pm
(@forensicsstudent)
Posts: 10
Active Member
Topic starter
 

I didn't explain my self correctly.

The module we're currently undertaking is named "Crime In Action". It's heavily focused on an array of legislation which most of the time has very little to do with my chosen degree. I agree that we need to understand regulation, we've covered the ACPO guidelines in previous modules, but as we're studying "E-Crime and the Law" next term, which will cover everything we need to know in regards to legislation and our disciple, then this module seems to be just for the sake of getting credits, not to enhance our understanding of IT. We had to choose between "Wireless Networks" and "Multi User databases", yet Crime in Action is compulsory. I'm sorry but something is wrong there. I'm paying for this degree and I'd like to study modules which are specific to my degree.

As for quoting in my essay, I will reiterate my point that an interview with a professional or an academic is more than acceptable for an essay. I agree that taking a quote form a forum would be frowned upon.

 
Posted : 18/11/2010 9:31 pm
(@dangermouse)
Posts: 17
Active Member
 

After discussing the essay once more with my lecturer its clear that I totally misunderstood the question

You seem to do this quite a bit…

Just like here.

Just a thought Tom, as an investigator (not just in forensics) you will need to clearly understand what is being asked and apply logical process to whatever you do. Going off half cocked will get you in trouble and may lead to embarrassment in court, or worse, the acquittal of someone who has committed an offence. We are in a field where your reputation is very important and consistently drawing the wrong conclusion will see you having a short career rather than a fulfilled one.

DM

 
Posted : 20/11/2010 9:10 am
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