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INSTRUCTINGEXPERTS · A GUIDE FOR UK LAWYERS How Lawyers Should Instruct a Digital Forensic Expert Selection, Instruction, the Forensic Science Regulator's Code and the Report the Court Will Accept COMPUTER FORENSICS LAB DISCOVERY. UK

§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM ESTABLISHED 2007 · LONDON ISO 17025-ALIGNED PROCEDURES FSR CODE DECLARATIONS SINGLE JOINT EXPERT APPOINTMENTS CPR 35 / CRIMPR 19 REPORTS FULL CHAIN-OF-CUSTODY DOCUMENTATION

§ CONTENTS In this guide 01 Executive summary 02 The problem in plain English: the instruction shapes the evidence 03 Choosing the expert: competence, accreditation and the right specialism 04 Drafting the instruction: scope, questions, materials and boundaries 05 The Forensic Science Regulator's Code: declarations of compliance and non-compliance 06 The report: CPR 35, CrimPR 19 and what the court expects 07 Managing the engagement: independence, adverse findings and single joint experts 08 Source architecture: where else the evidence lives 09 Worked examples 10 Common mistakes and technical limitations 11 Questions to ask · Suggested wording 12 Checklist and red flags · When to involve a digital forensic expert 13 Frequently asked questions 14 Glossary · References · Disclaimer · How a specialist laboratory can assist

§ 01 · ORIENTATION Executive summary THE HEADLINE POINT: INSTRUCTFORTHEQUESTION, NOT THE ANSWER: CHOOSEBY COMPETENCEANDACCREDITATION, SCOPEPRECISELY, PROTECTINDEPENDENCE, AND INCRIMINALWORKMAKESURETHEFSRCODEDECLARATIONISTHEREANDHONEST

§ 02 · FIRST PRINCIPLES The problem in plain English: the instruction shapes the evidence

§ 03 · THERIGHTEXPERT Choosing the expert: competence, accreditation and the right specialism