The use of electronic equipment as evidence in court

Abstract

The objective of this thesis is to examine the different types of electronic equipment which can contribute in establishing evidence in both the Civil and the Criminal Courts, relating to the case being examined. The term equipment shall include all tangible evidence which could be retrieved from physical equipment as understood in the conservative manner. This thesis shall examine how the courts have embraced this electronic evidence. In studying this new form of evidence the distinguishing factors between the 'traditional' notions of evidence and electronic evidence shall firstly be examined. The pros and cons of electronic evidence shall be explored in every stage of legal proceedings. Accordingly, the second chapter which is studied in this thesis is the manner in which electronic evidence can be possibly seized, and the difficulties encountered since many times electronic evidence is virtual and latent. I shall review the various electronic tools which can produce evidence of an alleged statement or fact, since electronic devices can be used as well as abused and one has to be careful in determining the extent to which one considers the evidence submitted as worthy of the attributed factor. Therefore, an in depth technical exploration of certain sources of electronic evidence shall be carried out, with the aim of outlining the abilities as well as limitations of electronic evidence. Electronic devices are continuously being invented and improved. However, how reliable are they? On the other hand science has been contributing enormously to prove and expedite matters in courts of law. Electronic tools can serve as a basis of proof in both civil and criminal aspects. Similarly to other forms of evidence, electronic evidence has to be admissible, as well as conclusive in court. However, courts are sometimes more sceptical when dealing with electronic evidence, due to its nature, and consequently the admissibility and conclusiveness of electronic evidence shall be vastly deliberated upon. Lastly, do the present laws in Malta deal sufficiently to accommodate electronic evidence? Possible reforms in the Maltese legal system, similar to foreign legislation, shall be proposed in my conclusion.