JD Spicer Zeb Solicitors Banner Image

Useful Information

  • Home
  • Useful Information
  • Crime/Fraud
Services
People
News and Events
Other
Blogs

What Crimes are Digital Forensics Used in?

  • Posted

With the threshold for criminal convictions being incredibly high, prosecuting authorities need to gather compelling evidence in order to bring forward a charge against a defendant.

As digital devices are now part of most people’s everyday lives, digital evidence is now increasingly common in both the prosecution and defence of criminal offences. Digital forensics therefore form a very important part of many criminal cases.

In this post, we discuss what digital forensics involves, when it is used, the types of crimes it is typically used in, and whether there are any limitations to the findings it may bring up. Read on below to find out more.

Crimes digital forensics are used for

Digital forensics and crime are closely associated with one another. This means there are a wide range of crimes which will involve the use of a digital forensics investigation in order to reach a verdict.

Child sexual offences

A 2021 academic paper found that around 80 percent of digital forensics work relates to child sexual abuse. Child sexual offences include indecent images of children, grooming and sexual activity involving a child. Penalties are severe, with lengthy prison sentences common.

Digital forensics is used to examine devices for evidence of offending, including whether someone made, possessed or distributed indecent images based on data recovered from their devices.

Cybercrime offences

Digital forensics is routinely used in cybercrime cases such as revenge porn, hacking, cyberbullying and cyberstalking. These offences often involve no physical interaction, so investigators rely on analysing activity on digital devices to understand what took place.

Violent crime and drugs offences

Even offences committed in a physical setting, including violent crime and drug offences, can involve digital forensics. Investigators may examine devices to identify planning, communication or evidence placing a device, and therefore a person, near the scene.

Fraud

Serious fraud and financial crime also rely heavily on digital forensics. These cases are often complex and difficult to detect through traditional methods, so police use digital analysis and AI tools to uncover irregular patterns. For example, data mining software can review millions of transactions to identify signs of fraudulent activity.

What are digital forensics?

Digital forensics involves the recovery, analysis and presentation of evidence that can be obtained from any form of digital data. Often, it will include data from devices such as computers, mobile phones, tablets, smart watches and smart TVs. Over time, digital forensics and crime have evolved substantially, becoming increasingly sophisticated.

When are digital forensics used?

Digital forensics are used in criminal cases, and for commercial purposes. In a commercial context, digital forensics are used in a variety of cases, often where a prosecution has seized devices of an alleged offender and is searching for evidence that can support their case.

For example, digital forensics could be used to find evidence of fraud, evidence of illegal content on a device, or place a device at a specific location at a certain time or date.

Given how prominent digital devices are, the use of digital forensics is now extremely common, particularly during criminal investigations.

Can you contest findings from digital forensics?

Whether or not is possible (and in your best interests) to contest the findings from digital forensics investigations will depend on the type of evidence that is being submitted. 

Typically, digital forensics will result in facts being found which are technically correct, providing little grounds to contest them. However, contested evidence could occur where a technical expert provides a different opinion on what the technical findings of digital forensics shows, or whether the evidence is sufficient to bring forward a conviction.

For example, if a digital forensics investigation into indecent images of children uncovers certain images, it may be up to the interpretation of the law as to whether a specific image is considered to be ‘indecent’ or not.

Are there any limitations to digital forensics?

The main limitation to digital forensics is that is not always possible to place an alleged offender physically in front a device to prove that they were the ones using it when the offence took place. It is usually possible to show if an account was logged into and what activity, but that does not always prove for definite who was physically using the device.

Digital forensics is therefore used in conjunction with other supporting information, such as CCTV, eye-witness accounts and additional corroboration.

Can the defence also use digital forensics?

Yes, it is not just the prosecution that can use digital forensics to aid their case. For example, at JD Spicer Zeb, we work with leading digital forensics provider Cyfor, who can offer face to face advice on the forensic aspect of the police investigation. They can advise on the various lines of forensics the police are likely to use and what the outcome may be for interrogation of various platforms and devices.

Should I speak to a criminal defence solicitor if my devices have been seized for digital forensics?

If you have been arrested or released under investigation and your devices have been seized for digital forensic analysis, it is vital to speak to a specialist criminal defence solicitor as early as possible.

Offences that commonly involve digital forensics, such as child sexual offences, carry very serious sentencing guidelines. In some cases, even downloading a single image can lead to significant penalties.

Because digital forensic evidence is often highly accurate, having expert legal advice is essential. A solicitor can explain your rights, guide you through the investigation and help you avoid actions that could harm your defence.

Many people wrongly believe that contacting a solicitor makes them appear guilty. This is not the case. Seeking legal representation is a normal and sensible step in any investigation, regardless of the alleged offence or the reason your devices were taken.

At JD Spicer Zeb, our criminal defence solicitors have extensive experience representing clients across a wide range of offences. We will work hard to help you achieve the best possible outcome, whether that involves avoiding a charge or reducing the impact of any sentence.

Alongside general defence support, we can also assist with digital forensic issues. Our team works with leading digital forensics provider Cyfor, who can offer expert analysis of the material involved. This service typically costs from around £500 plus VAT.

Contact our criminal defence lawyers today

For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about digital forensics and crime, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for criminal offence allegations

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with digital forensics investigations.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.