Digital Evidence Data To Be Used in Court
It is the role of Computer Science Labs to recover evidence data from exhibits to be placed before a court and to attest, generally by written statement, the accuracy and omission compared to the original evidence exhibit.
Computer Science Labs sole remit is to extract or attempt to extract evidence data from an exhibit that is to play a part in legal proceedings or otherwise.
In this we attempt to ensure that the methods, procedures and reporting used will allow the evidence data to be examined and that any findings are admissible.
In this we take into account the Forensic Science Regulators Guidance documentation as shown in Method Validation in Digital Forensics. FSR-G-218
Under what circumstances is expert evidence admissible in court ?
As a general rule, the fact that a witness has a certain opinion as to a fact in issue is not relevant to such a fact. It is for the court to form opinions or draw inferences from the relevant fact.
What ever the subject is, i.e. one of computer science for example, where competency can only be acquired by a course of special study or experience, then the opinion of an expert is receivable but the court is not bound by it.
The competency of the expert is a question of law for the judge and the fact that the expert has not acquired his knowledge professionally goes merely to weight and not admissibility.
(Michael Fauvelle "Evidence" Sweet and Maxwell )