How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

The police have a digital image recovered from an external

Resolved Question:

The police have a digital image recovered from an external hard drive that shows a photo of myself and then goes on to show me committing an offence in separate files, however the date shown on the file is incorrect, I was not at the place it took place on the date shown.
I believe the original files are unobtainable as they have broken the laptop which contained them.
How would this affect my defence?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your defence?
Customer: replied 1 year ago.
Currently not guilty and no comment on police interveiws, originally charged with voyeurism and indecent images of a child, the dates would obviously affect the second.
Was also originally charged with sexual assault of a child which has been dropped as it's untrue and the statment given by my accuser is full of mistakes and lies.
Expert:  Jo C. replied 1 year ago.
Ok.
But what is your defence?
Or are you just putting them to proof? which is not a bad idea given the charges.
Customer: replied 1 year ago.
Just putting them to proof at the moment I believe, my solicitor is on holiday at the moment so I thought I'd get a second opinion.
Expert:  Jo C. replied 1 year ago.
Given the nature of the charges that is not a bad idea.
Recovery from computers just relies on so many things that could not go their way.
They can rely on copies of the original files but that is obviously better than them having the originals. If they cannot lay hands upon the originals then that is helpful.
In relation to the image they do have, it depends what it does show. It is rare that images alone are enough to prove an offence - usually there are some defences that they cannot disprove without other evidence to cover it. If it relates to the wrong dates for the charge then it probably would be disallowed unless it is sufficient to prove the offence of itself.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I am bailed to appear at the station on the 27th, was wondering if I should tell the investigating officer that his dates ate wrong?
The date shown on the footage I was not living at the house, my wife can verify this as her financial records show she was still receiving income support which she canceled when I returned to the house.Thank you for your response.
Expert:  Jo C. replied 1 year ago.
No, absolutely not. Just leave that to them to put right or not as the case may be. It is for the Crown to put their house in order not you to remind them which is especially important when putting them to proof.
Customer: replied 1 year ago.
Ok thank you,
That's cleared a few things up for me.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C. and 5 other Law Specialists are ready to help you

Related Law Questions