Talk:Digital evidence

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This page does not seem to accurately represent UK Law.

In the UK, there are a number of tests or questions that are applied to evidence in general:

   * admissibility; and
   * weight

The question of admissibility is usually decided by the Judge where he/she, in consideration will look at admissibility and whether the evidence available is best evidence. Once this has been established, it will be put before the court to determine what weight it will attach to the evidence; that is; how much effect does it have on proving or disproving.

Sources of evidence are:

   * Original or primary evidence
   * Real evidence
   * Secondary evidence
   * Documentary evidence

Rules affecting evidence and categories covering admissibility are:

   * hearsay evidence
   * circumstantial evidence
   * presumptions
   * character
   * opinion  
   * corroboration
   * judicial notice

With regards to hearsay specifically, the rule against hearsay is that any statement, other than one made by a witness while giving evidence, is inadmissible as evidence of the facts stated, Hearsay evidence may, on some occasions (covered in a number of circumstances and backed up by specific case law and common law) be admissible.

The typical view from a group of forensic specialists in the UK is that the issue of digital evidence being hearsay has rarely, if ever, been cited in recent UK cases.

Also: I would caution calling electronic evidence the same thing as digital evidence. Electronic evidence could also be analog technology based. Some legal interpretations of the validity of digital signatures (not the crypto sense, rather, the indication of intent binding a statement) are based on interpretations of precedents regarding the transimssion of telexes (a defunct analog messaging technology).