NLJ this week: Justice in the age of the smartphone

New guidance and a recent case address the vexing issues of whether a complainant should be required to give their mobile phone to investigators and how the police and prosecution should handle such vast reams of data.

‘From a defence lawyer’s perspective, [the case’s] (implicit) weighing of the Art 8 rights of complainants against suspects’ right to fair trial has tipped the scales into potential injustice,’ they write.

‘If no complaint or judicial notice arises from a complainant deliberately deleting relevant data, it is difficult to see how the right to a fair trial is preserved for the defendant.’

Paul and Niblock take a comprehensive look at the questions that arise and the potential approaches available.