A modicum of high-tech knowledge will stand you in good stead, says Steve Guest


'Oh, drat these computers; they're so naughty and so complex, I could pinch them.' Thus spoke Marvin the Martian in the 1960s cartoon. His technophobia now seem to be echoed by a significant proportion of the legal profession, particularly when faced with a case that may rest on digital forensic evidence.



For better or for worse, digital technology now pervades 21st century life. The amount of evidence that can be extracted from all those computers, telephones and gadgets has grown at a phenomenal pace. It may soon be considered professional folly to be without a working knowledge of the possibilities and pitfalls of such evidence.



However, there seems to be reluctance on behalf of practitioners to accept high-tech cases. This may be based, at least partly, on fear of the unknown. Many lawyers are apparently depriving themselves of work because of a lack of basic training in the field of presenting digital evidence.



Although the methodologies used to extract such evidence are complex, the results are usually straightforward. In this respect, digital evidence is just another form of technical or scientific evidence.



During my years in law enforcement, I made every effort to explain the principles of computer forensics to prosecuting (and, indeed, defending) barristers. Almost without exception, these intelligent people quickly grasped the concepts. There even seemed to be, on some occasions, an air of disappointment that the whole shebang was not more complicated. Why, though, did this enlightenment always take place on the morning that the case was set to commence?



Prior to my retirement, a number of lawyers (and a judge or two) suggested that I consider providing training in the field. But interest was insufficient to make such training financially viable.



Nobody is suggesting that lawyers train as computer forensic experts (I don't actively encourage competition). This, though, is a situation in which a little basic training may pay disproportionate dividends to the recipient.



Steve Guest ran North Yorkshire Police's High-Tech Crime Unit, and now runs forensic company Hitecc Data Services (www.hitecc.co.uk)