16 Sep 2021

Police update notice for permission to search for relevant information on digital devices

A new Digital Processing Notice and supporting information to gain permission for searching digital devices has been launched across police forces in England and Wales. It will improve how they obtain digital evidence during investigations and give greater assurance to victims and all those involved in the process.

The new form has been published after extensive consultation within policing, government and victims’ groups. After discussions with the Victims’ Commissioner, police will also provide an additional ‘easy read’ version of the form.

It will help police and prosecutors balance the need to follow all reasonable lines of enquiry with the need to respect the privacy of victims and witnesses, while meeting disclosure obligations.

The Digital Processing Notice replaces a temporary form that was introduced in September 2020 following the judgment handed down by the Court of Appeal in Bater-James and Mohammed [2020] EWCA Crim 790.

The new notices also address a number of the recommendations set out in the Information Commissioner’s report into mobile phone data extraction published in June 2020.

National Police Chiefs’ Council lead for Disclosure, Assistant Chief Constable Tim De Meyer, said:

“It is fundamental to our criminal justice system that the police must pursue all reasonable lines of enquiry and that the prosecution must disclose to the defence any material that undermines the case for the prosecution or assists the case for the accused.

“The new Digital Processing Notices are the result of over a year of work across the criminal justice system. I am grateful to the Victims’ Commissioner and the many other stakeholders representing victims’ interests, whose advice and scrutiny has enabled us to develop these much improved notices.

“Searches of digital devices should not be automatic and will happen only when the investigating officer or prosecutor considers there to be a need to access information to pursue a reasonable line of enquiry. We will explain this process fully to victims and witnesses.”

The forms are as follows:

DPNa - This is to be completed when a device is taken from a victim or witness. It also serves as a guidance document to police investigators who are taking possession of the device.
DPNb - This notice should be provided to victims and witnesses when police take possession of their device.
DPNc - This is to be completed when a device is taken from a suspect.