"Digital Forensics is the newest, most troublesome forensic discipline": The Use of Digital Forensics in the Investigation and Prosecution of Major Crime in England and Wales

As digital technology continues to develop at an unprecedented rate, digital forensics (DF) is becoming increasingly important to the investigation and prosecution of cases within the criminal justice system (Lawless, 2016, Horsman, 2024). Over 90% of all crime now has a digital element (Police Digital Service, 2020) and the volume of digital evidence (DE) now threatens to overwhelm the police, prosecutors, and the courts (Police Foundation, 2021, His Majesty’s Inspectorate of Constabulary and Fire Services, 2022). Despite this, no research to date has focused exclusively on the entire life cycle of digital data from crime scene to court in a major crime investigation. The existing body of academic literature is focused on specific parts of the journey, or particular types of DF, for example, Brookman and Jones (2020; 2022), Wilson- Kovacs (2021) and Sunde (2022). This study addresses the current gap in knowledge by exploring the use of DF in the investigation and prosecution of major crime cases in England and Wales, from the initial investigative enquiries through to disposal at court. It explores the kinds of DE used in major crime investigations as well as challenges in its use and the reader is provided with an understanding of translations and meanings in DF from crime scene to court.<br/><br/>Both Science and Technology Studies (STS) and organisational literature have been utilised to make sense of the findings of this study. The results revealed that the structure of major crime investigations is outdated and not in step with the needs of a digitally enabled society. Further DF support is needed for senior investigating officers (SIO) and there are serious challenges for criminal justice actors in relation to accessing suspects’ cloud data and meeting the requirements of disclosure legislation. <br/><br/>This research adopted an ethnographic approach, focusing on one police service in England and Wales. It provides a detailed examination of their practices and procedures, and analysis of data gathered during observations of the DFU (Digital Forensic Unit), Intelligence Unit and Major Crime Investigation Team (MCIT) and interviews with key actors, including DF practitioners and SIOs. Virtual interviews with DF and policing professionals from across the UK were also conducted and a range of documents were analysed.<br/><br/>The results of this study have implications for both policy and practice for criminal justice agencies across England and Wales in relation to DF. This research also provides a clearer understanding of the challenges actors face in relation to DF and may help to reduce some of the tension and mistrust that exists between criminal justice agencies (Stoykova, 2021).

Name dc:type.qualificationname

Doctoral Thesis

Level dc:type.qualificationlevel

Student thesis

Year dc:date.issued

2025

Author dc:creator

• Benhafsi, Simone

Advisors dc:contributor.advisor

• Walden, Steven
• Saltus, Roiyah
• Ross, Kim

Language dc:language

eng

Identifier

oai:pure.atira.dk:studenttheses/a6891584-78a6-4a6d-b0e8-e1278d1eb87a

OAI identifier oai:identifier

oai:pure.atira.dk:studenttheses/a6891584-78a6-4a6d-b0e8-e1278d1eb87a