What Will a Forensic Analysis of My Devices Show
We are often approached by clients and prospective clients whose
devices have been seized by the police
and they are concerned as to what the police will find. Often the questions asked by clients are whether the police can retrieve and recover deleted files, and how far back through a device will they look. This is a potential concern in particular for those accused of being in possession of indecent images of children.
Before a forensic examination takes place the police will first have a suspicion that an individual is in possession of unlawful material. This suspicion can arise in various ways for example; intelligence received by the National Crime Agency, Social media platforms such as KIK Messenger, Facebook and Snapchat, and in rare cases a witness.
When in receipt of the information the police will usually apply to the Magistrates Court for a warrant to search and seize
electronic devices belonging to the suspect. In some instances the police will not have a warrant and instead carry out a search and seizure using their powers under s.18 of the Police and Criminal Evidence Act 1984. The reason the police want to seize the devices is to turn the suspicion and intelligence received by external sources into evidence, to then go on and prosecute the suspect for a criminal offence/s. Such analysis can take a considerable amount of time, in some instances 12-18 months. Once results are obtained from the analysis they will be reviewed by the police officer in charge of the case. The suspect may then be invited to attend the station again for a further police interview, or their first interview in relation to the alleged offence. This will be to provide the suspect with an opportunity to provide an account as to why certain material has been found on their device. It is important you are represented by a solicitor at any such interview.
Child Abuse Images Database (CAID)
Images are usually graded by the police using the database CAID. CAID holds millions of indecent images of children and they are referred to as “known images”, because they are known to law enforcement. Images in CAID are often regarded as graded reliably because of the processes they go through to be stored on the database.
Accessibility and Knowledge of the Presence of Indecent Images
Two key questions which will automatically arise for us when we are contacted regarding an investigation or prosecution for indecent images of children, and questions which should always be put to a defence expert - could our client access the images in question? And/or did they have knowledge that they could access the images, the answers to these questions could significantly impact our clients case and the charges. We would consider the evidence in the case and ensure that the prosecution can prove the elements of the offence alleged, us and our experts would look at the following information:
The location of the images on the device.
How the images came to be located there.
How accessible the images are in the location without specialist knowledge of software to retrieve them.
Are there any search terms indicative of indecent material.
We often have forensic reports presented to us by the prosecution which relate to cached images. Our client would only be guilty of the offence of making or possessing images if they knew of the image in the cached file. This situation can often arise where torrents are used for bulk downloading of files or, a link is sent in a group chat which the client did not open and therefore had no knowledge of what material would be on the link, we see this regularly when apps such as KIK Messenger and What’s App are used.
Can Deleted Files be Recovered?
If a particular file has been deleted, depending on the size, this file transfers to the recycle sleeve if the device is a computer. Once this is emptied, the contents are no longer accessible to a regular user but still retrievable to the expert. However, data can and regularly does become overwritten by new material leaving only half of the document or picture being retrieved. The same applies to mobile devices and the time frame to retrieving these deleted files proves to be indefinite.
How Does Forensic Analysis Work?
Once the police have utilised their forensic examiner, a Streamlined Forensic Report (SFR) or a prosecution report will be produced. The report generated will include information on the quantity of images found, where they were found on the device, whether there has been any search terms indicative of child abuse material. Fundamentally, the property will determine whether any indecent material has been found.
How can Eventum Legal help me?
At Eventum Legal we regularly speak to clients who have had their computer equipment seized. In some instances they have been interviewed and some not, but most are waiting for the police to complete forensic analysis of their devices. Because of the wait they are enduring, sometimes referred to as being in limbo, they are left with uncertainty as to what is going on.
We always advise that us making early contact with the police is beneficial to our client. We will confirm with the police the anticipated timeframe for the investigation and any disclosure of the suspected offences. Upon receiving as much information as possible at this stage we will consider it alongside our client’s circumstances which may have led to their material being seized. We will discuss how the investigation is impacting our client’s mental and physical health and try to assure them that we will deal with the investigation and the police and allow them to focus on their wellbeing.
We will explain the applicable offences to our clients in a clear and logical way, minus the legal jargon and explain how we may be able to challenge any forensic evidence that may arising in their case.
If you, a family member or friend is facing a police investigation and currently waiting for the forensic examination of devices, contact our specialist lawyers today
for a free, no obligation chat. We will aim to put your worries at ease and discuss possible defences with you.
We Can Help With
Have you been charged with indecent image possession? Do you want to know how many cases get dropped? Read our latest article to learn more.
Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
