A firm of solicitors argued that a search warrant could not authorize seizure of a whole computer or hard disk because it would contain other material not relevant to the enquiry
The judges found that, on the contrary, the Police & Criminal Evidence Act uses a very wide definition of ‘material’ which may be seized
The Police & Criminal Evidence Act was seen as a big step forward when it was passed in 1984. It brought to an end the practice whereby police could invite someone to ‘accompany’ them to the police station in order to ‘help with their enquiries’, only later to use something which had been said in the ‘friendly’ interview as evidence in court. It introduced the caution in the form that we know so well from all the tv shows, & ensured that a legal adviser could be present at the interview
At the time it was being discussed in Parliament & elsewhere, desk top computers were barely used in many offices, let alone private homes, & even where they did exist they would not contain a very great deal of information. It was around that time that we acquired our first in the office, & I have to work hard to convince myself that my memory is correct when I say that this top-of-the-range model cost over £6,000 & had a 20Kb hard disk
But in these days when the information which is on the computer or other electronic equipment may be vital to a whole family, it may be time to revisit this definition of ‘material’. Especially as the police, quite frankly, do not seem to be very good at knowing what to look for, so keep the computer for an unnecessarily long time while they comb through
Unless, that is, the whole notion of a hard disk is not about to become irrelevant as we all move on to the clouds
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