Evidence work · where we stand, Hull
On 2 October 2023 the Forensic Science Regulator's statutory Code came to cover device forensic analysis and CCTV footage recovery, and the standard now set by the Code is ISO/IEC 17025. We have not attained this. This statutory Code will apply to all criminal work conducted in England and Wales. Work relating to civil disputes, family law, employment and insurance will be outside of the statutory Code. We will advise you at the commencement of the work which side your case falls on.
Ring us, in confidence
0800 6890668
| The question | Why it is worth asking | The answer we give |
|---|---|---|
| Are you accredited? What for? | Scope defines the limits of an accreditation; therefore scope is the answer. | No. We have no UKAS schedule in our name. |
| Is your matter criminal or civil? | Only criminal matters are subject to regulation through the statutory Code. | We identify whether a case is criminal or civil and inform you accordingly when it would be beneficial to seek alternative services. |
| Who conducts the work and who signs off on it? | Under the civil rules, a report must include the name of whoever performed the examination. | One examiner, named, does the work and signs. |
| Can you list the things you could not do? | Limits omitted from a report are limits that the opposing party will get to discover themselves | They are included within the report |
| Which methodology did you use? Can this methodology be repeated? | If no record exists of an examination, then there is no possible verification process available | A written method, hashing, documenting observations during the course of work |
This commences with a confidential discussion, and there is no cost involved. These three elements will define the remainder of our work together: What happened? How extensive is this issue (machines, accounts etc.)? And what does the data/evidence need to prove? Together these three factors establish the scope. The scope defines the fixed fee. You have this fixed fee in writing prior to any equipment being examined.
Before a computer file is accessed, a hardware-based write blocker is inserted into the access path. A sector-by-sector disk-image copy is created. No data is altered upon the source device. That is the first test a court performs when testing the integrity of digital evidence, and one where you can demonstrate it rather than simply state it.
MD5 and SHA-256 hash values are captured during the creation of the disk-image, and again from the finished file. Each item includes a reference number identifying the exhibit. Notes are typed at the bench while the work is running, and not compiled from memory a fortnight later.
Each step taken in processing the data is documented, including the name and version of each tool utilised. This allows another expert examiner to replicate these same steps using their own equipment/toolsets. If the data would only answer in a qualified way or would provide no information, those results are included in the report also.
Reports that cannot be tested will be worth little. Therefore, the bundle includes all of the work: exhibits, images, logs of handovers, hashes of everything and notes taken at the time. A third party (the opposing side's expert) can simply repeat our process and reach the same point we reached.
How thin the regulated market is: in the Regulator's annual report for 2024–25, 33 organisations carried out DIG 300 (recovery of CCTV/video) and 29 were police forces, 1 government body and 3 commercial providers. Across those organisations indicative compliance was at 59% for DIG 300. For DIG 301 (the specialist video analysis covering speed, distance and identification), 43 organisations were counted, compliance was at 19% and no organisation has accreditation for the specialist analysis sub-activities. Therefore the commercial element of regulated CCTV recovery in England and Wales is 3 companies.
In an employment matter, the report started off with an overview of the accreditation status before describing how the method works rather than burying it in a footnote. The solicitor who represented the opposing party read the report, questioned us twice about the imaging and then stopped. By the hearing date, the dates when the files were moved were not disputed.
No. We don't have an ISO/IEC 17025 accreditation and therefore no UKAS schedule under our name. This is stated on the front of every report we produce. Although this doesn't prevent us from doing this type of work, nor will it stop a court reading the report, it's simply a matter of fact that the opposing party has a right to see it and therefore we provide it to them prior to being asked.
Not by itself. The 2021 Act states that a breach of the Code shall not constitute in itself grounds for liability, although the Code can be admitted in court and failure to comply with the provisions could be taken into consideration by the judge.
Section 11 of the Forensic Science Regulator Act 2021 links the FSR regime to detecting and investigating crime in England and Wales and to providing evidence for criminal proceedings there. It does not cover civil claims, family proceedings, employment tribunals or insurance matters, which are the majority of cases coming to this bench, and we state clearly which side your case falls on.
No. The police framework for video evidence distinguishes between the use of footage for investigative purposes, and image analysis (speed, distance, height etc; facial comparisons or vehicle comparisons), and places the latter with specialists working to ISO 17025 standards. We will recover video footage, convert it to a format suitable for submission and hand it over along with the continuity records. We do not provide opinions regarding measurements.
This is a perfectly legitimate question to ask of us just as much as of anybody else. And we believe the truthful response should be provided prior to beginning work on your case, rather than after. Just log a job. There is no cost involved for the initial review; and anything that we discuss about your case remains confidential.