Digital Evidence Database
-
Evidence Matters in ICC Trials
- Institution
International Bar Association (IBA)
- Language
English
- Publication date
- 2016-08-09
- Reference link
- https://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=B9B8DC23-6616-41BA-8EF2-3D209398BDBD
- Executive summary
- In this report, the [International Bar Association (IBA)] examines the maturing trial practice of the [International Criminal Court (ICC)], as it is situated within a lineage of institutions that deliver international criminal justice. The number of trials and legal issues before the ICC continues to increase. By considering evidence matters, the IBA builds on its previous report on Witnesses before the International Criminal Court to focus on existing issues and future considerations for fair trials before the ICC. In Evidence Matters in ICC Trials, the IBA takes into account the existence and relevance of new types of evidence, and the development of ICC procedural law for hearing and ruling on evidence.
- Purpose
- The report aims to provide a comparative perspective on the selected evidence matters and arising from the court's trial practice.
- Description
- The document examines the International Criminal Court (ICC) trial practice concerning its evidentiary practice. It addresses evidence in a forward-looking manner, assessing new types of evidence such as digital and technologically derived evidence, as well as the ICC's approach thereto. Moreover, it analyzes the admission of prior recorded testimony in ICC trials and the ICC's evidence assessment within its trial proceedings. Chapter 2 of the document deals with digital and technologically derived evidence. In this chapter, the IBA outlines the relevance of new forms of evidence such as digital evidence and discusses how to present and assess digital and technologically derived evidence. The chapter also talks about the ICC’s approach to digital and technologically derived evidence, key considerations for digital and technologically derived evidence in ICC trials, sources of digital and technologically-derived evidence, compiled and formatted evidence, future considerations for digital and technologically derived evidence and recommendations on how to handle digital evidence.
- Target group
- Academics and practitioners
-
Forensic Examination of Digital Evidence: A Guide for Law Enforcement
- Institution
Office of Justice Programs, National Institute of Justice (NIJ) (US Department of Justice)
- Language
English
- Publication date
- 2004-04-01
- Reference link
- https://www.ncjrs.gov/pdffiles1/nij/199408.pdf
- Purpose
- The report assists agencies in developing their own policies and procedures.
- Description
- The guide is not all-inclusive, but it rather deals with common situations encountered during examination of digital evidence. The main contents of the guide relate to what it includes as steps of the examination process: 1. policy and procedure development; 2. evidence assessment; 3. evidence acquisition; 4. evidence examination; and, 5. documenting of digital evidence. It further includes case examples.
- Target group
- Law enforcement officers and other members of the law enforcement community who are responsible for the examination of digital evidence
-
Digital Evidence in the Courtroom: A Guide for Law Enforcement and Prosecutors
- Institution
Office of Justice Programs, National Institute of Justice (NIJ) (US Department of Justice)
- Language
English
- Publication date
- 2007-01-01
- Reference link
- https://www.ncjrs.gov/pdffiles1/nij/211314.pdf
- Executive summary
- n/a
- Purpose
- Assist prosecutorial offices and associated law enforcement agencies in dealing with digital evidence to address the complete investigation process.
- Description
- The report identifies and addresses some of the key issues related to digital evidence. It includes relevant guidance related to search and seizure; integrity, discovery, and disclosure; relevant evidentary rules and courtroom preparation; as well as presentation and submission of digital evidence. Lastly, it applies these guidances to the issue of child pornography. The document also refers to additional resources and includes forms useful for investigators.
- Target group
- Law enforcement personnel and prosecutors
-
Electronic Crime Scene Investigation: A Guide for First Responders, Second Edition
- Institution
Office of Justice Programs, National Institute of Justice (NIJ) (US Department of Justice)
- Language
English
- Publication date
- 2008-04-01
- Reference link
- https://www.ncjrs.gov/pdffiles1/nij/219941.pdf
- Executive summary
- n/a
- Purpose
- Assist state and local law enforcement and other first responders who may be responsible for preserving an electronic crime scene and for recognizing, collecting, and safeguarding digital evidence.
- Description
- The document includes definitions and basic concepts relevant when dealing with digital evidence. The guide addresses potential electronic devices, investigative tools and equipment. Moreover, it sets out practices concerning securing and evaluating the scene, documenting the scene, collecting evidence, and handling of digital evidence. Lastly, it includes a section on electronic crimes and digital evidence. The document also has a glossary of relevant concepts.
- Target group
- State and local law enforcement and other first responders.
-
Electronic Crime Scene Investigation: An On-the-Scene Reference for First Responders
- Institution
Office of Justice Programs, National Institute of Justice (NIJ) (US Department of Justice)
- Language
English
- Publication date
- 2009-11-01
- Reference link
- https://www.ncjrs.gov/pdffiles1/nij/227050.pdf
- Executive summary
- n/a
- Purpose
- The document is intended as a quick reference for first responders and as a companion piece to 'Electronic Crime Scene Investigation: A Guide for First Responders, Second Edition'.
- Description
- The guide addresses potential electronic devices, and sets out practices concerning securing and evaluating the scene, documenting the scene, collecting evidence, and packaging and transporting digital evidence. Lastly, it includes a section on electronic crimes and digital evidence.
- Target group
- First responders.
-
Digital Evidence: Policies and Procedures Manual
- Institution
Office of Justice Programs, National Institute of Justice (NIJ) (US Department of Justice)
- Language
English
- Publication date
- 2020-05-01
- Reference link
- https://www.ncjrs.gov/pdffiles1/nij/254661.pdf
- Executive summary
- n/a
- Purpose
- The manual is intended to be a base for defining a series of policies and procedures (especially concerning collection, handling and processing of digital evidence) within law enforcement agencies.
- Description
- The manual includes sections on case assignment and prioritization; equipment testing, validation and updates; evidence and property handling; search and seizure; storage and retention of evidence; reports; materials and supplies' digital forensic lab access; information to the media; and quality controls.
- Target group
- Law enforcement agencies
-
ACPO Good Practice Guide for Computer based Electronic Evidence
- Institution
Association of Chief Police Officers (ACPO)
- Language
English
- Publication date
- 2003-10-01
- Reference link
- https://cryptome.org/acpo-guide.htm
- Purpose
- "Details in this guide are designed to ensure good practice when collecting computer based electronic evidence; guidelines are not intended for use when dealing with evidence produced by witnesses from third party computer systems."
- Description
- The guide is not intended as a definitive manual of every operation during the investigation of a high tech crime or recovery of computer based electronic evidence. It provides guidance on the most common circumstances when computer-based and mobile phones evidence is involved. The document includes the principles of computer-based electronic evidence, guidance concerning the handling, retrieval and transport. It also sets out practices concerning the investigating personnel, interviews, retention, storage, evidence recovery and disclosure. Lastly, it addresses on welfare and health and safety considerations. The document also includes a glossary.
- Target group
- Personnel attending crime scenes or making initial contact with a victim; Investigators; Evidence recovery staff; External consulting witnesses
-
ACPO Good Practice Guide for Digital Evidence
- Institution
Association of Chief Police Officers (ACPO)
- Language
English
- Publication date
- 2012-03-01
- Reference link
- https://www.digital-detective.net/digital-forensics-documents/ACPO_Good_Practice_Guide_for_Digital_Evidence_v5.pdf
- Executive summary
- n/a
- Purpose
- The purpose of this document is to provide guidance to assist law enforcement and all others that assist in investigating cyber security incidents and crime.
- Description
- This document provides an overview of computer based electronic investigations, with emphasis on the types of crimes scenes, types of networks and technology and how to perform network forensics. The guide includes principles of digital evidence and their explanation, location of digital evidence, seizure of electronic evidence, proportionality issues relating to seizure, preparation before and after capturing digital evidence, analyses of seized digital evidence, interpretation of digital data, communication of digital evidence, verbal feedback, how to make statements or reports on digital evidence, witness evidence, training and education of digital evidence, welfare of staff working on digital evidence and disclosure.
- Target group
- UK law enforcement personnel who may deal with digital evidence. This will include: - Persons who are involved in the securing, seizing and transporting of equipment from search scenes with a view to recovering digital evidence, as well as in the identification of the digital information needed to investigate crime; - Investigators who plan and manage the identification, presentation and storage of digital evidence, and the use of that evidence; - Persons who recover and reproduce seized digital evidence and are trained to carry out the function and have relevant training to give evidence in court of their actions. - Persons who are involved in the selection and management of persons who may be required to assist in the recovery, identification and interpretation of digital evidence.
-
Good Practice Guide for Computer-Based Electronic Evidence
- Institution
7Safe (Part of PA Consulting)
- Language
English
- Reference link
- https://www.7safe.com/docs/default-source/default-document-library/acpo_guidelines_computer_evidence_v4_web.pdf
- Executive summary
- n/a
- Purpose
- This good practice guide is intended for use in the recovery of computer-based electronic evidence. However, it is not a comprehensive guide to the examination of that evidence. The guide suggests methods that will help preserve the integrity of such evidences. The advice is formulated to assist staff in dealing with allegations of crime which involve a high-tech element and to ensure they collect all relevant evidence in a timely and appropriate manner.
- Description
- The guide contains principles of computer-based electronic evidence; guidelines on seizure of evidence; storage after seizure, home networks and wireless techonology, such as types of wired and wireless devices; network forensics and volatile data; tools to obtain discrete information; investigating personnel; evidence recovery; welfare in the work place; control of peadophile images; external consulting witnesses and forensic contractors; disclosure; retrieval of video and CCTV evidence; and guide for mobile phone seizure and examination.
- Target group
- Personnel attending crime scenes or making initial contact with a victim/witness/suspect, investigators, evidence recovery staff, external consulting witnesses
-
Global Guidelines for Digital Forensics Laboratories
- Institution
International Criminal Police Organization (INTERPOL) (Global Complex for Innovation)
- Language
English
- Publication date
- 2019-05-13
- Reference link
- https://www.interpol.int/content/download/13501/file/INTERPOL_DFL_GlobalGuidelinesDigitalForensicsLaboratory.pdf
- Executive summary
- n/a
- Purpose
- The purpose of this guideline is to outline the procedures for establishing and managing a Digital Forensics Laboratory (DFL) and provide technical guidelines for managing and processing electronic evidence. These guidelines should be used as a template by countries considering developing their digital forensics capability. The advice given is intended to be used at both the strategic and tactical levels, in accordance with national legislation, practice, and procedures. Additionally, it aims to ensure that electronic evidence produced by the DFL is admissible in member countries’ courts of law as well as in the international criminal justice systems.
- Description
- The document includes facts and principles on electronic evidence, management of a digital forensic laboratory with description of roles and responsibilites of staff, case management procedures, laboratory analysis procedure; criteria for the admissibility of electronic evidence; accreditation for Interpol's Innovation Centre’s Digital Forensics Lab (DFL).
- Target group
- INTERPOL member countries (digital forensics strategists and managers and technical staff)