Current principles around the use of evidence generated by computer software in criminal proceedings were established over two decades ago, with the common law presumption that a computer was operating correctly unless there is evidence to the contrary. In simple terms, ‘the computer is always right’, unless someone can show it is not.
The limitations of this presumption have been highlighted starkly by the Post Office Horizon scandal, which saw hundreds of sub-postmasters wrongly convicted. These convictions were based on evidence which we now know to have been false, due to faults in the Horizon accounting software system, clearly demonstrating the fallibility of evidence produced by software.
Over the twenty-five years since the presumption was last looked at the use of computers and software has evolved beyond all recognition and the Government believes the time is right to re-examine this important area, to ensure it is fit for purpose. The government is now welcoming the views of all those with an interest in this area of criminal procedure, to provide insights to help ensure the criminal justice system is fair and effective, both now, and for years to come.
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