Disclosure, Defence Access and Privilege in Seized Data
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A seized phone holds a life: years of messages, photographs, health notes and letters from a lawyer. A case needs a small part of it. The law must decide who may look at the rest, what the defence may see, and when the device goes back.
Focus: look only where there is a reason, show the other side what fairness requires, protect what the law protects, and return what is not needed.
Learning objectives
- State the questions that decide what the defence must be shown.
- Explain when investigators may look at a witness's or complainant's phone, and how.
- Describe fair ways to give the defence access to an image of a device.
- Describe how privileged and journalistic material in seized data is protected.
- Explain selective seizure and the return of devices.
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