Computer Forensic ‘Expert’ Witnesses
Do you really know who is representing you?
Computer forensic experts deal with some of the most grave and serious of criminal
cases that involve digital evidence. However it may be surprising to hear that currently
there is no regulatory body to ensure the quality of their work, their security, and the
expert’s individual’s background.
It is a different case for those forensic companies who work for prosecuting bodies such
as police forces and law enforcement agencies, as they are normally independently
regulated by the instructing body and undergo rigorous vetting. Forensic companies
working solely for the defence however, have the same access to the same evidence
involved in these cases, yet nobody is actively monitoring their activities. In theory a one
man band with a computer and the appropriate software could take on criminal defence
cases which range from fraud, terrorism and drugs offences, to indecent images of
children and grooming charges.
Joel Tobias, Managing Director of CY4OR Computer Forensics comments “When we are
approached by the defence to analyse media in a case it is usually because they know
we have the highest levels of security here, our analysts are trained in all aspects of
investigative procedures, and because we are a reputable company with nothing to
hide. I would like to see a regulatory body however, the equivalent of the General
Medical Council perhaps, to monitor forensic companies and flush out the cowboys –
because they are out there.”
In a Home Office document produced last year this point is covered and endorsed by
Minister Joan Ryan; ‘Creating a forensic science regulatory function is the most
appropriate way of overseeing quality, standards and integrity in forensic science and
maintaining public confidence’.
Why regulate the forensic services market?
The Home Office report covers a number of areas; best practice, quality assurance, and,
from a commercial point of view, a level playing field for independent suppliers in the
face of a growing market and increased competition. This is a point that CY4OR’s
managing director Joel Tobias supports wholeheartedly.
What would such a regulatory body seek to check?
- Physical facilities – are the evidence storage rooms, which hold damning and
serious evidence, secure and up to standard? Who has access to the evidence, is
it tracked when moved from location to location?
- Personnel – do they receive criminal background checks to help ensure they don’t
have a hidden agenda for working in these types of companies?
- Management – are they providing adequate support facilities for staff?
Unfortunately, in this business investigators will frequently come across distressing
images and scenarios as a matter of course. Are procedures in place such as
counselling, personal development, and careful monitoring?
- Are the investigators qualified? Forensic investigators need to be trained in
industry standard software EnCase and have continuous training on ever
changing technologies. Without which they may not do a thorough and
appropriate investigation, and ultimately not provide a proper defence,
potentially seeing innocent people put behind bars.
Joel Tobias continues “We have actually had to pick up cases for solicitors who have
been previously let down by other experts. The experts have been called to court to
back up their investigative findings, and at this stage have backed down and refused to
testify.”
The majority of criminal cases now include at least one form of digital evidence, whether
it is a mobile phone, an iPod, or a computer, and where there is a prosecution there must
be a defence. Computer Forensic companies providing defences are becoming involved
with seriously high profile criminal cases on a regular basis and should undergo the same
monitoring and regulation that the prosecuting bodies receive.
CY4OR works for both the prosecution and defence, and so as a result are regulated
and monitored by New Scotland Yard and other police forces as a matter of course. All
staff are security cleared by New Scotland Yard.
0161 797 8123
info@CY4OR.co.uk
Carrie Moss
0161 797 8123
Carrie.moss@cy4or.co.uk
References: Home Office Consultation Document, ‘Standard Setting and Quality
Regulation in Forensic Science’. 31st August 2006.
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