Phones and the courts

Daily Mail - - Letters -

GUID­ANCE is­sued by the Di­rec­tor of Pub­lic Pros­e­cu­tions is ex­plicit that po­lice and pros­e­cu­tors must not seek to ex­am­ine mo­bile phones of com­plainants and wit­nesses in ev­ery case.

The pol­icy has not changed. For a po­lice in­ves­ti­ga­tion to be fair for com­plainant and sus­pect, all rea­son­able lines of in­quiry must be pur­sued.

If mo­bile phone ev­i­dence is rel­e­vant, there are strict lim­its on how ma­te­rial is used to min­imise un­nec­es­sary in­tru­sion.

The new con­sent forms bring con­sis­tency to in­ves­ti­ga­tions. We must bal­ance a com­plainant’s right to pri­vacy against a sus­pect’s right to fair in­ves­ti­ga­tion and trial.

SUE HEM­MING, Crown Pros­e­cu­tion Ser­vice,

Lon­don SW1.

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