Digital evidence in drugs investigations

Different records answer different questions

A device download, a message extract and a service provider’s communications records are different sources. CPS guidance discusses the handling of digital material and records such as subscriber details, call data and cell-site information. It also explains the need to retain source data and identify relevant material.

Before interpreting a chart or extract, it helps to establish its source and the question it is being used to answer. A summary can be useful, but its relationship to the underlying records matters.

Official sources: CPS Disclosure Manual: digital material

Attribution: how is a device or account linked to a person?

Attribution means establishing the connection between a person and a device, account, number or communication. It is a useful topic to discuss with your lawyer when that connection is disputed. Questions for the legal team may include:

• Which records are relied on to identify the user at the relevant time?
• Does the material concern ownership, access or actual use?
• Is the same identifier being compared consistently across different sources?
• What other evidence supports or challenges the proposed connection?

Context: what does the communication show?

Ask how an extract fits into the relevant conversation and chronology. A legal team may need to consider who participated, the dates, attachments, surrounding exchanges and the relationship to other evidence. The significance of any gap or ambiguity is case-specific.

For example, if an allegation relies on a message about a delivery, useful questions might concern its surrounding conversation, the identity of the participants and the records used to connect it to an alleged event. This is an illustrative question, not a conclusion that such a message proves or disproves an offence.

Reasonable enquiries and specialist support

Investigators must pursue reasonable lines of enquiry that point towards or away from a suspect. That can include relevant material held by third parties. Requests must be focused on the issues; relevance does not mean unrestricted access to someone else’s private information.

• Tell your lawyer which part of the alleged connection you do not understand or dispute.
• Identify potentially relevant devices or records without altering or deleting material.
• Ask whether a digital forensic specialist is needed and what question they would examine.
• Use the secure method agreed with your legal team to provide sensitive material.

Official sources: CPS Disclosure Manual: reasonable lines of enquiry and third parties

Before charge or once proceedings have started

For a matching enquiry, the broad allegation, case stage and any urgent date are enough to begin. During the follow-up call, explain whether digital evidence appears central and whether a legal team is already instructed. There is no need to send private messages or device contents through the initial assessment.

Pramana’s role is separate from lawyer matching: it helps professionals organise and analyse evidence. Professionals check source material and decide whether further investigation or expert work is required.

Related support and information

• Specialist support for drugs allegations
• Pre-charge support
• Pramana evidence analysis