Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 98
What the court considered: The unit’s validation
records
(**FSR‑G‑218**)
and reliance
on independent
What the
court considered:
The unit’s
validation
testing
(e.g.,
NIST
CFTT
mobile
test
specs). The
records (**FSR‑G‑218**) and reliance on independent
expert
the report
correct earlier
drafts The
and
testing updated
(e.g., NIST
CFTTto mobile
test specs).
disclosed
the
limitations.
expert updated the report to correct earlier drafts and
Outcome:
Court
satis昀椀ed the 昀椀nal results were reliable;
disclosed the
limitations.
disclosure
of
the
earlier limitation
preserved
and
Outcome: Court satis昀椀ed
the 昀椀nal results
weretrust
reliable;
avoided
ambush.
disclosure of the earlier limitation preserved trust and
Takeaway:
Validation is not a checkbox—expect to
avoided ambush.
learn
about
tool edges and
record
them for court. to
Takeaway: Validation
is not
a checkbox—expect
learn about tool edges and record them for court.
Plain-language tips for readers and witnesses
•Plain-language
If your device
is seized,
you can
what will
tips
for readers
andask
witnesses
be
examined
and
why;
targeted
extractions
•
If your device is seized, you can ask what willare
common
where
appropriate.
be examined
and
why; targeted extractions are
•
Ask
how
your
data
will be protected and when
common where appropriate.
your
device
will
be
returned.
•
Ask how your data will
be protected and when
•
In
court,
experts
should
explain methods, error
your device will be returned.
rates
and
uncertainties
in
simplemethods,
terms—this
is a
•
In court, experts should explain
error
duty,
not
a
favour.
rates and uncertainties in simple terms—this is a
•
Hash
values
are like digital seals: if data change,
duty, not
a favour.
the
seal
won’tare
match.
Preferseals:
SHA‑256/512
for
•
Hash
values
like digital
if data change,
integrity
checks.
the seal won’t match. Prefer SHA‑256/512 for
integrity checks.
10. Budget & Resourcing
Costs
split into
quality management (documentation,
10. Budget
& Resourcing
audits),
accreditation
validation
time, tooling
Costs split into quality fees,
management
(documentation,
and
training.
Savings
often
follow
from
standardised
audits), accreditation fees, validation time,
tooling
work昀氀ows
(reduced
rework),
better
disclosure
planning
and training. Savings often follow from standardised
(fewer late(reduced
adjournments),
and targeted
extractions
work昀氀ows
rework), better
disclosure
planning
(less
data
to
process
and
store).
(fewer late adjournments), and targeted extractions
(less data to process and store).
11. KPIs & Success Metrics
Suggested
indicators:
percentage of casework within
11. KPIs & Success
Metrics
accredited
scope;
time
from seizure
triage report;
Suggested indicators: percentage
of to
casework
within
percentage
of
methods
with
current
validation;
accredited scope; time from seizure to triage
report;
disclosure
frequency
judicialvalidation;
criticism
percentage timeliness;
of methods
with of
current
relating
to
digital
evidence.
disclosure timeliness; frequency of judicial criticism
relating to digital evidence.
12. Compliance, Security and Ethics
Compliance
requires
mapping
each forensic activity
12. Compliance,
Security
and Ethics
to
the FSR requires
Code and
CrimPR
Compliance
mapping
eachduties,
forensicensuring
activity
data
protection
compliance
(lawful
basis, necessity,
to the FSR Code and CrimPR duties,
ensuring
minimisation)
security (lawful
controlsbasis,
proportionate
data protectionand
compliance
necessity,
to
sensitivity.
Ethically,
intrusiveness
should be
minimisation) and security controls proportionate
minimised—especially
for victims
and witnesses—and
to sensitivity. Ethically,
intrusiveness
should be
culturally
aware
practices
adopted
when
dealing with
minimised—especially for victims and
witnesses—and
communications
data.
culturally aware practices
adopted when dealing with
communications data.
13. Conclusion
Digital
evidence can illuminate truth or mislead.
13. Conclusion
Courts
will
continue
admit relevant
but
Digital evidence
cantoilluminate
truthevidence,
or mislead.
con昀椀dence
validated
methods
Courts willdepends
continueontotransparent,
admit relevant
evidence,
but
and
rigorous
disclosure.
The statutory
FSR
Code
con昀椀dence
depends
on transparent,
validated
methods
and
the refreshed
procedural
framework
and rigorous
disclosure.
The statutory
FSRprovide
Code
sca昀昀olding;
practitioners
must
embed
them
daily
and the refreshed procedural framework in
provide
habits—documented
decisions,
controlled
methods,
sca昀昀olding; practitioners must embed them in daily
candid
reports—to serve
justice controlled
and maintain
public
habits—documented
decisions,
methods,
trust.
candid reports—to serve justice and maintain public
trust.
Author, Joseph Naghdi
Chief Digital
Forensic
Author,
Joseph
NaghdiAnalyst
at
Computer
Forensics
Lab,
Chief Digital Forensic Analyst
Euro
House, 133
Ballards
Lane, London N3 1LJ.
at Computer
Forensics
Lab,
Euroany
House,
133inquiry,
Ballards Lane, London N3 1LJ.
For
service
you
can
call
0207
164 6915 or send an email to
For any service inquiry,
joseph@computerforensicslab.co.uk.
you can call 0207 164 6915 or send an email to
joseph@computerforensicslab.co.uk.
EXPERT WITNESS JOURNAL
96
OCTOBER/NOVEMBER 2025
