Digital Policing

Question 1

Association of Chief Police Officers ACPO Guidelines for Computer Based Evidence.

ACPO Guildlines

Answer 1

ACPO Principle 1: That no action take is taken that should change data held on a digital device including a computer or mobile phone that may subsequently be relied upon as evidence in court.

ACPO Principle 2: Where a person finds it necessary to access original data held on a digital device that the person must be competent to do so and able to explain their actions and the implications of those actions on the digital evidence to a Court.

ACPO Principle 3: That a trail or record of all actions taken that have been applied to the digital evidence should be created and preserved. An independent third party forensic expert should be able to examine those processes and reach the same conclusion.

ACPO Principle 4: That the individual in charge of the investigation has overall responsibility to ensure that these principles are followed.

Question 2

Digital Hygiene

Answer 2

+ Improved security, efficiency , maintenance of computer and software.

• Threats

Common issues - misplaced data, security breach, out of date software, old data.

Best Practice - Document all equipment, cyber policy,

Personal devices at work - mobile - not on duty, disable maps, no responsibility for damage,,no persona details whilst on duty, phone enter evidential chain.

Risks - disclosure, information, investigation.

Question 3

Computer Misuse Act 1990

Answer 3

Unauthorised access to computer material.
(1)A person is guilty of an offence if

(a)he causes a computer to perform any function with intent to secure access to any program or data held in any computer, or to enable any such access to be secured] ;

(b)the access he intends to secure or to enable to be secured is unauthorised; and

(c)he knows at the time when he causes the computer to perform the function that that is the case.

(2)The intent a person has to have to commit an offence under this section need not be directed at—

(a)any particular program or data;
(b)a program or data of any particular kind; or
(c)a program or data held in any particular computer

Summary Offence 12 months or a fine

Question 4

Computer Misuse Act 1990

Answer 4

Unauthorised access with intent to commit or facilitate commission of further offences.

(1)A person is guilty of an offence under this section if he commits an offence under section 1 above

(“the unauthorised access offence”) with intent—
(a)to commit an offence to which this section applies; or
(b)to facilitate the commission of such an offence (whether by himself or by any other person);

and the offence he intends to commit or facilitate is referred to below in this section as the further offence.

Question 5

Computer Misuse Act 1990 unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.

Answer 5

unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.

A person is guilty of an offence if—
(a)he does any unauthorised act in relation to a computer;

(b)at the time when he does the act he knows that it is unauthorised; and

(c)either subsection (2) or subsection (3) below applies.

2)This subsection applies if the person intends by doing the act—
(a)to impair the operation of any computer;

(b)to prevent or hinder access to any program or data held in any computer;

(c)to impair the operation of any such program or the reliability of any such data

(d)to enable any of the things mentioned in paragraphs (a) to (c) above to be done.]]

(3)This subsection applies if the person is reckless as to whether the act

Sentence - summary 12 months, fine, indictment 10 year