CCTV

Crime scene investigations

Mark Solon discusses the limitations of CCTV evidence and why expert witnesses and lawyers may need to look a little deeper than face value to make the most of the evidence at trial

arely a month goes by when there like most technology it is ever changing, blogger, Mr Harrison says: “When the riots is not an incident involving close and is certainly not without imperfection. hit the UK in the summer of 2011, the UK’s Rcircuit television (CCTV) in the police service again found itself lacking the news. Most recently – and controversially Collation of evidence bulk CCTV recovery skills required.” – CCTV footage released in December The sheer scale of CCTV footage in this day The riots led to a number of prosecutions 2012 appeared to raise questions about and age means that police officers must be where CCTV evidence formed the some aspects of the police account of the skilled and experienced in recovering and centrepiece of the prosecution’s case, altercation between Conservative chief whip reviewing evidence. But cutbacks in the including the charge of murder against four Andrew Mitchell and officers at the gates police have meant it is difficult to sustain men alleged to have killed three others in of Downing Street, amid reports that one dedicated CCTV units. Winson Green as a result of running them corroborating witness was not even present According to Mick Harrison, Force over in what the prosecution labelled a at the scene. CCTV Liaison Officer for Kent Police, the “modern day chariot charge”. Although in Mitchell’s case CCTV helped terrorist bombings of 7 July 2005 David Thorne is an ex-police officer who to corroborate his version of events, the highlighted deficiencies in London police now runs CCTV specialist Demux Video value of CCTV is unquestionable, both as force’s CCTV analysis capability. With Services, and assisted the defence in that a means of identifying the perpetrator of four major crime scenes a CCTV trawl case. He discovered an additional CCTV a crime and in verifying or disputing the was necessary and officers who had been camera that had been overlooked by the version of events put forward by a witness involved in CCTV analysis of the terrorist police and was relevant to the timeline put in a criminal or civil case. bombing of the in 1992, forward by the prosecution. “It changed the Unsurprisingly, there has been a Bishopsgate in 1993 and in way the prosecution opened the case and significant increase in CCTV cameras in our 1996, were plucked out from posts ranging the men were acquitted, although not just as streets, buses, trains and private homes, from domestic violence units, local CID a result of the CCTV footage,” says Thorne. and the number of court cases where CCTV offices or crime squads and put together to However, in a separate case arising evidence is relied on has correspondingly form a dedicated team. from the riots, Darrell Desuze, of Bath increased. But while CCTV evidence can However, writing on the National Police Road, Hounslow, pleaded guilty to the assist a judge and jury in their deliberations, Improvement Agency’s website as a guest manslaughter of Richard Mannington

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CCTV

Bowes after he was caught punching Mr not necessarily recorded. is paying them, and present their honest Bowes on CCTV camera. He received an Furthermore, an expert must satisfy and unbiased opinion on the evidence eight-year sentence. themselves that they have seen all the in front of them. However, the way an Digital CCTV cameras require a relevant original footage before coming instructing solicitor puts a question to an considerable memory span and can be quite to any conclusion. Thorne says: “In many expert can help to achieve this. expensive to run over time, and many have cases the prosecution seem to think that When a solicitor instructs an expert they a thirty day cycle after which the earliest an expert witness does not need access to often want a quick answer to a question and images will be recorded over. Prosecution original CCTV footage and provide a DVD to get there via the most direct route. If they agencies therefore have to be quick to obtain copy of the original.” However he adds: “It want to know if the CCTV evidence shows CCTV evidence as it may be deleted and is important to say that you want to see the the defendant holding a knife, they may ask irrecoverable after a set period. original. Solicitors don’t tend to do this as a if he or she was holding a knife. “A cross matter of course. examining barrister will usually ask ‘what Report writing “Copying it to DVD does change it and were you asked to do and how did you go Expert witness report writing requires compress it so you may miss out on one about it?,’ Thorne comments. skill, in-depth training and an awareness of freeze that can explain why the defendant “If you were specifically asked if the what one’s duties as an expert witness are. acted in the way he did.” person was holding a knife it’s a yes or no First and foremost, an expert’s duty is to Thorne gives the example of a defendant answer. But if the solicitor asked you to the court and an expert must point out any charged with assault who maintains he explain what the person in the red jumper flaws, shortcomings or uncertainties in the punched the victim only after the victim is doing that is much more powerful than if evidence before them. If an expert forms an threw a bottle at him. “If a bottle is thrown you’re given a specific question.” opinion of the evidence but on subsequent there may only be one freeze with the flash Similarly where a traffic offence has taken review or in light of new evidence changes of light and if it is not converted onto the place, Thorne points out that it is far better their mind, they are duty bound to notify DVD you wouldn’t see it. If the defendant for a solicitor to ask what number plate the court of this. has said ‘I punched the man because he can be seen rather than asking the CCTV People expect CCTV footage to be like a threw a bottle at me’ it becomes difficult to expert to confirm that number plate XYZ DVD but in reality, CCTV records far fewer maintain that line of defence.” can be seen on screen. “You produce the frames per second, meaning that a fast An expert must approach the evidence report and can go into court hand on heart punch can be thrown between frames and entirely independently irrespective of who and say you didn’t know the number.” CCTV, VIDEO, FILM & IMAGE ANALYSIS

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Clearly the difficulty is that this sort of by the jury but some barristers insist it is clearer and more accessible now but like analysis takes far longer. done so under tightly controlled courtroom everything else it changes all the time.” One further step to avoid bias is to look at the prosecution’s report only after analysing the evidence, not before, so that the expert’s “You need to be able to produce the view is not weighted by what they have already seen or read. The key is to be clear medium in a way the jury can easily as to what a solicitor is asking you to do and understand” make sure it is in writing.

Evidence in court conditions, while others are happy for the CCTV will rightfully continue to prove When it comes to presenting CCTV jury to watch the images on a DVD invaluable to the court and, if anything, evidence to a judge, and particularly to among themselves. its value can be expected to increase as its an inexperienced jury, it is important An expert witness needs to be expert quality improves. for an expert to prepare well, producing in their own field and trained to fully As the number of CCTV cameras the medium in a way the jury can easily discharge their duties as an expert witness. increases so too can the frequency on which understand, says Thorne. However, when it comes to CCTV evidence it is relied on in court. Fleeting images are easily missed and it also helps if the expert is a natural The pressure is on experts to ensure that Thorne adds: “It’s just like when you watch inquisitive investigator. the right weight is attributed to CCTV and your favourite film a few times, each time Many CCTV experts are former that it is a tool for justice, and will add to you see new things. For the jury it’s key to policeman who have this instinct as well the evidence of expert witnesses in court. bring out the salient points.” as experience of giving evidence in court. Thorne typically produces a story board They are minded, for example, to look Mark Solon is a solicitor of those salient points to include in the at important but subtle time differences and managing director of jury’s bundle so the barrister can encourage between images and ask whether that expert training company the jury to make their own notes onto the would account for any gaps in the story. Bond Solon (www. still to remind themselves of the facts. An understanding of the latest technology bondsolon.com) CCTV footage can be replayed on request is key, as Thorne observes: “CCTV is much COMPUTER FORENSICS

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