Can mobile phone forensics be used for child sexual offence cases?

When someone is accused of a criminal offence, they may be subject to a digital forensics investigation. In child sexual offence investigations, mobile phone forensics are likely to be used by the police to obtain important evidence for a prosecution.

In this article, we discuss what mobile phone digital forensics includes, how it is used for child sexual offence investigations, the type of data the police can extract and what steps you should take if you are facing such allegations.

What are mobile phone forensics?

Mobile phone forensics involve the recovery, examination and presentation of evidence which is obtained from a mobile phone. This evidence is then used during criminal investigations.

It should be noted that mobile phone forensics (and digital forensics in general) are not exclusive used in a criminal law context. They can be used in a commercial setting, such as to support someone with a perfectly legal personal matter, or to support a business.

How are mobile phone forensics used in child sexual offence investigations?

A 2021 academic paper reported that 80% of digital forensics investigations relate to child sexual offences, such as indecent images of children.  

Typically, a mobile phone digital forensics investigation will be used to extract certain data which can then be used and processed into actional evidence for prosecution.

During child sexual offence investigations, the findings from a mobile phone digital forensics investigation are often critical. Prominent offences such as indecent images of children primarily take place in a digital space, which demonstrates why the police focus on gathering as much evidence as possible from mobile phones.

What data can police extract from your phone?

The police may be able to extract a wide variety of data from your phone. Mobile phone forensics investigations typically focus on:

• Text messages
• Emails
• Photographs
• Social media activity
• WhatsApp messages
• Internet search history
• Location data
• Applications

Much of this type of data can also be extracted from other digital devices, such as laptops, tablets and smart watches.

Are permanently deleted photos gone forever?

If you have deleted a photo (or any other type of data such as text messages) from your phone, this does not mean that they are gone forever. Theoretically, the police may be able to recover a deleted file during a digital forensics investigation.

Files on mobile phone devices are ‘deindexed’ rather than deleted which means that there is still a trace of the file on the phone’s flash memory. These can be recovered if the phone has not overwritten the deleted data.

How long does it take for police to investigate a phone?

It should be noted that every case is unique, which means the time it takes for devices to be analysed via a digital forensics investigation can vary significantly. A typical case with no surrounding factors could take anywhere from between 6-12 months for results to be obtained.

Even when the evidence has been obtained, the criminal investigation will remain open until a final sentence decision is made either way.

Can the findings of mobile forensics be contested?

In some cases it may be possible to contest the findings of a mobile phone forensics investigation, but this is entirely dependent on the nature of the child sexual offence and the type of evidence that has been found.

The reality is that the evidence found from digital forensics investigations are usually technically accurate facts, meaning there are often very few grounds on which they can be contested. That being said, there may be scenario where a technical expert does not agree with the technical findings of an investigation, or the evidence presented is not sufficient to bring forward a conviction.

As an example, when a charge for indecent images of children is being brought forward, it may be up to the interpretation of the law to determine whether an image is considered ‘indecent’.

Can the defence use mobile phone forensics?

It is possible for a legal defence team to also use digital forensics to aid their case. At JD Spicer Zeb, we work with leading digital forensics provider Cyfor, who can offer you face to face advice and guidance on the forensic aspect of a police investigation.

If you are under investigation for a child sexual offence, they will be able take you through the lines of mobile phone forensics the police are likely to use and what the outcome may be for the interrogation of any additional devices that have been seized.

Should you speak to a solicitor if you are facing a child sexual offence investigation?

To answer this simply – yes, absolutely. If you have been arrested or released under investigation or placed on pre-charge bail for a child sexual offence, it is essential that you are aware of how serious the potential sentences are if you are found guilty. Significant prison time is often inevitable.

If you are believed to have downloaded an illicit image, you could be liable to face severe penalties, unless you have the right legal defence by your side.

If you find yourself in this situation and your mobile phone has been seized for a digital forensics investigation, it is critical that you speak to a criminal defence solicitor immediately.

The findings from a mobile phone digital forensics investigation will usually be critical when it comes to the final outcome of a case, highlighting the importance of receiving advice from an experienced sexual offence solicitor.

Many people mistakenly assume that speaking to a solicitor for advice will signify guilt, even if they have not committed an offence. This is not at all true. Speaking to a solicitor is often the most important action you can take when it comes to building an effective defence.

At JD Spicer Zeb, our sexual offence solicitors have many years of experience in representing clients accused of a wide range of offences where mobile phones have been seized for investigation. When instructed, our team will take every possible step to ensure that you achieve a positive outcome. This could mean avoiding charges altogether, or reducing a penalty where conviction is unavoidable.

In addition to guiding you through the general criminal defence process, our team also provide our own digital forensics support. As discussed earlier, we work with Cyfor, a leading digital forensics provider. They can offer efficient advice on the digital forensic aspect of any criminal investigation. This costs from around £500 plus VAT.

Contact our sexual offence solicitors today

For urgent specialist advice, immediate representation or to speak to us confidentially about a serious sexual offence case, please do not hesitate to contact our dedicated team of serious sexual offence lawyers in London, Birmingham or Manchester.

You can contact our dedicated sexual offence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for sexual offence allegations

Please get in touch for a free initial consultation with one of our expert sexual offence solicitors, as well as immediate representation and advice on dealing with digital forensics investigations.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.