Barrister Jessica Sobey comments on mobile phone data evidence in the Evening Standard

Following reports that faulty mobile phone data is believed to have been submitted as evidence in criminal cases, Barrister Jessica Sobey comments on how digital evidence is treated in courts.

Jessica’s comments were published in the Evening Standard, 15 April 2024, and can be found here.

“Hot off the heels of the bullish prosecution of sub-postmasters in the Horizon scandal, reports of faulty mobile phone data being used as evidence in criminal cases for over a year demonstrates a systemic issue with the way in which digital evidence is treated in courts.

“In the current legal climate, where increasing reliance is placed on digital evidence in criminal prosecutions, the justice system finds itself in an Alice in Wonderland scenario where evidence which is presented as reliable may in fact be fundamentally flawed.

“With hundreds if not thousands of convictions hinging upon call data records and locations obtained from faulty software, the need for further scrutiny on the presumed reliability of computer based systems and the ‘evidence’ that they produce cannot be understated.

“Whilst it is not known at this stage how far reaching the recently announced Home Office probe will be, it is vital that it delivers results. Otherwise, serious concerns must be raised over the handling of mobile phone evidence.”