Mobile Telephone Evidence

Mobile Telephone Call Records

Call Records obtained from the network operator provide the factual evidence of communications between parties to illustrate contact and association. Since July 2000 Single Point of Contact rules, the operator needs to exhibit call records and serve a statement of that fact. However, a compilation may be created by an case officer, served as an Exhibit using material from the original data. There is a glut of data appearing in evidence which is in the
form of compilation, but where the original material to create the compilation is not being automatically disclosed. This is creating problems and delays. It is essential to check originality and genuineness of compilation material against original data (R .v. Robson 1972) to determine any errors, but, equally to qualify the position of fact about each charged mobile call in the first place. You may think this is perhaps analogous to the discussion given by Professor Smith [1983] Crim LR 472 that a bank statement showing an entry of £100.00 into a bank account is not a statement that the account is in credit, but rather the fact of it.