Digital Device Examination by Agreement
Police Scotland is committed to ensuring that victims and witnesses of crime are better informed when they agree to their digital devices being taken for the purpose of examination.
An increasing amount of crime now involves, or is being committed using digital devices. Even crimes committed in the physical world can have some form of digital footprint. Most people now own and use digital devices, in particular mobile phones and tablets.
With more and more ways to send, store or receive information, digital devices are providing methods for victims and witnesses. This includes some of the most vulnerable people in our communities who can be exposed to criminality.
The ability to capture relevant evidence from digital devices has become an essential part of modern day policing. It ensures we can conduct thorough investigations and maximise evidence to keep people safe.
In 2020 Police Scotland reformed how agreement for digital device examination was obtained and recorded from victims and witnesses of crime in an effort to ensure full understanding regarding the right to refuse or withdraw their agreement, and to explain how digital evidence might be used to progress investigations.
On Tuesday 8th November 2022 The Police, Crime, Sentencing and Court Act 2022 (‘the Act’) came into force and sets in law the rights of victims and witnesses of crime when they agree to provide their electronic devices to Police for the purposes of Digital Forensic Examination.
Section 39 Subsection 3 of the Act requires that the victim/witness (or suitable responsible person in the case of a child) be provided the following information in writing:
- specifying or describing the information that is sought
- specifying the reason why the information is sought
- specifying how the information will be dealt with once it has been extracted
- stating that the owner may refuse to provide the device or agree to the extraction of information from it and
- stating that the investigation or enquiry for the purposes of which the information is sought will not be brought to an end merely because the owner refuses to provide the device or agree to the extraction of information from it.
In order to comply with this new Legislation, Police Scotland have developed a Digital Device Processing Notice which will be completed whenever devices are taken into possession from victims or witnesses of crime with their agreement.
The documents on this page provide guidance for victims and witnesses including their rights surrounding their agreement to device examination, the examination process and what will happen to devices.
Documenting Agreement and Examination
- Digital Device Examination Principles
- Updated Digital Device Processing Notice
- Digital Device Examination by Agreement – Guidance Presentation
- Digital Device Agreement Recording Flow Process
- Digital Device – Journey Flow Process
- Digital Device Examination Request Form Flow Process
