Evidence
Evidence is the bedrock upon which investigations flourish towards prosecution or perish in their tracks. Evidence determines the progression of an investigation, the direction an investigation takes and eventually determines whether charges are preferred or not. At trial, evidence is the central focus of both the prosecution and defence, one side using evidence to prove a fact, with the opposing side’s focus on discrediting such evidence. Evidence is the lifeblood of any prosecution, if it is improperly gathered, packaged, identified, proven or presented, it is fatal to any prosecution – with little prospect of the offender(s) being retried. The consequences of such errors are an investigators worst nightmare, victims devastated, families disillusioned, months if not years of work wasted and hard earned reputations destroyed.
How then can s2c help – based on the experiences and knowledge accumulated by our consultants, in the investigation and prosecution of the most serious of crimes over several decades – our software engineers have developed a proofs and admissibility module. This module illustrates the huge array of differing evidence, likely to be encountered in any investigation and how this evidence is proven at trial. Evidence produced through a number of processes may require several proofs, evidence emanating from other processes may require singular proof, other evidence may be proven by statutory provision, presumption or the common law. s2c outlines these provisions, presumptions and Court decisions, giving the user a referenced guide on acceptable methods of proving the constituent parts of most forms of evidence.
Serious crimes are not the preserve of experienced investigators, the most junior investigator can encounter the most serious crime on a first assignment and a solid grounding in the rules of evidence and evidentiary proofs may auger well for subsequent outcomes. The most inocuous report may later link to a most atrocious act, therefore every responder requires an integral knowledge of the judges' rules, rules of evidence and material proofs - lest any actions and communications subsequently become the subject of judicial scrutiny.
Irrespective of the type of investigation, where there is potential for the matter to go to trial, evidence must be proven in accordance with the rules deemed acceptable by the Courts. Some investigations are undertaken with a view to highlighting some issue or enhancing an understanding of some occurrence and the focus of such investigations is to produce a report. Authors of such reports also require detailed knowledge of the provenance of evidence relied upon in such reports, otherwise such evidence will fail on critical review - in essence evidence relied upon must be capable of being proven to judicial standards.
If you are involved in any undertaking where evidential proofs and rules are a feature, s2c© will prove an invaluable addition to your toolbox. The mode of proofs afforded by statutory provision, common law and judicial adjudication are at your fingertips and evidence accumulated for presentation at trial or publication in reports or articles will withstand all forms of scrutiny with respect to its provenance where obtained in compliance with such rules.
" Forewarned is Forearmed "