Legal and it experts have made submissions to the Government's Call for Views on the current rules Around the use of computer evidence in court, which closes today.
The wider public understanding of the Post Office Horizon ScandalWho Innocent SubPostmasters Jailed Based on Flawed Evidence from an accounting system, forced the government to look at a continuersial lawsureses computerrs computerrs computer.
The Scandal Saw Hundreds of SubPostmasters Blamed, Prosecuted and Convicated of Crimes after Losses appeared on the accounting system used in Branches. The Figures Produced by the Horizon System, which is supplied by fujitsu and used in thirds of branches, was presided to be accurate in court.
But a 2018 high court case provated that Horizon errors caused phantom losses that subpostmasters were blamed and punished for. Hundreds of People who was prosecuted based on the flaved evidence has Had their convictions overturned.
In January, the ministry of justice is 12-wheek call for evidence as it examines the role of computer evidence in the criminal justice system to prevent another Post Office ScandalThe deadline for evidence closes today (15 april).
In 1999, A presumption was introduced into law On How Courts Should Consider Electronic Evidence. The rule followed a law commission recommendation that courts should presume a computer system has operated correctly unless there is explicit evidence to the contrary. This replaced Section 69 of the police and criminal evidence (PACE) Act 1984, which previously stated that computer evidence should be subject to proof that it was open.
Although there has been called calls for many years for reform from the likes of former lawr steephen mason, it was the post office Horizon Scandal which will finally besuaded the government to act.
Mason, who is submitting his recommendations, said: “What I have called for is the setting up of eater a judicial rules body or a group of people to write a Code of Practice for Judges and Lawyers.”
He said this would be sometising like the rules of court or judicial rules which he says need to be “updated regularly by people that know what they are talking about”.
It profession and lawers have their saying
In Its Submission to the Call For Evidence, BCS, The Chartered Institute for it, said: “The presumption that computers-generated evidence is involved is involved is involved is incrasing Criminal Prosecutions. ” It said the post office Horizon Scandal Illustrates This.
“At present, rebutting the presumption of computer evidence is exceptionally Difential,” Added the bcs. It has been shown that defendants in cases like Horizon Have Struggled to Access Crucial System Logs, Error Reports, and Documentation that Cold Undermine the assumed relaying relaying relaying relaying. Additionally, some of the lower courts often lacked the specialized technical expertise required to scrutinise complex software and digital data, meaning that that challenges to the restoration of compelity of computer evidence MUST Overcome Both Procedural and Substantive Hurdles That Favor The Status Quo. “
The law Society said due to the increase complexity of technology the law should not assume that computers are flawless. In Its Submission to the government's call for evidence it said existing laws must keep with technological advancs or public confidence in the Justice System COLDEDED.
Richard Atkinson, President of the Law Society said: “Given the Increasing Complexity of Technology, We Should not Assume Computers Are Flawless.
“To ensure that use of computer evidence does not lead to miscarriages of justice, there should be assuction, regular review and disclosure of the system's technical standards and performance account. Although this call for evidence related only to criminal proceedings, the government should consider applying simple safeguards to computers evidence used in puil cass! “
He added: “Who innovation can bridge existing gaps of unmet legal needs, it is important that use of technology in the Justice system is Fair, Transparent and Reliable. Should Prioritise Justice as a Vital Public Service Affecting Every Member of Society. “
Computer weekly First exposed the scandal in 2009Revealing the stories of seven subpostmasters and the problems they suffred due to the post office Horizon Accounting Software – The Most Widespread Miscariage of Justice INRISTICE INRONTITICE INRONTIS