CDS Regulations SI 2001 No.1437 & ECHR Article 6

CDS Regulations SI 2001 No.1437 & ECHR Article 6

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Statutory Instrument 2001 No. 1437
The Criminal Defence Service (General) (No. 2) Regulations 2001
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PART VI - MISCELLANEOUS
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Authorisation of expenditure
19. - (1) Where it appears to the solicitor necessary for the proper conduct of proceedings in the Crown Court for costs to be incurred under the representation order by taking any of the following steps:
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(a) obtaining a written report or opinion of one or more experts;
(b) employing a person to provide a written report or opinion (otherwise than as an expert);
(c) obtaining any transcripts or recordings; or
(d) performing an act which is either unusual in its nature or involves unusually large expenditure
he may apply to the Costs Committee for prior authority to do so.
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(2) The Commission may authorise a person acting on behalf of the Costs Committee to grant prior authority in respect of any application made under paragraph (1).
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(3) Where the Costs Committee or a person acting on its behalf authorises the taking of any step specified in paragraph (1), it shall also authorise the maximum to be paid in respect of that step.
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ECHR Article 6 – Right to a fair trial
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1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
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2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
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3. Everyone charged with a criminal offence has the following minimum rights:
a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; b. to have adequate time and facilities for the preparation of his defence; c. to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; d. to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

CDS Regulations SI 2001 No.1437 & ECHR Article 6

CDS Regulations SI 2001 No.1437 & ECHR Article 6

.
Statutory Instrument 2001 No. 1437
The Criminal Defence Service (General) (No. 2) Regulations 2001
.
PART VI - MISCELLANEOUS
.
Authorisation of expenditure
19. - (1) Where it appears to the solicitor necessary for the proper conduct of proceedings in the Crown Court for costs to be incurred under the representation order by taking any of the following steps:
.
(a) obtaining a written report or opinion of one or more experts;
(b) employing a person to provide a written report or opinion (otherwise than as an expert);
(c) obtaining any transcripts or recordings; or
(d) performing an act which is either unusual in its nature or involves unusually large expenditure
he may apply to the Costs Committee for prior authority to do so.
.
(2) The Commission may authorise a person acting on behalf of the Costs Committee to grant prior authority in respect of any application made under paragraph (1).
.
(3) Where the Costs Committee or a person acting on its behalf authorises the taking of any step specified in paragraph (1), it shall also authorise the maximum to be paid in respect of that step.
.
.
.
ECHR Article 6 – Right to a fair trial
.
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
.
3. Everyone charged with a criminal offence has the following minimum rights:
a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; b. to have adequate time and facilities for the preparation of his defence; c. to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; d. to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Join MTEB Forum if your are in wireless / telecomms

Join MTEB Forum if your are in wireless / telecomms

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If you work in forensics and/or examination devices, investigations or deal with evidence then the MTEB forum puts you in contact with other professionals when you need help with technical issues, technical discussions or generally want to stay up to date. Due to the make up of the forum members: experts, high level security, law enforcement and senior investigators requests to join are vetted.
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Invitation to Join Mobile Telephone Examination Board
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The MTEB forum is dedicated to evidential standards, forensic examination and lawful interception dealing with mobile telephones/SIM/USIM/MMC, bluetooth, IrDA, USB, cell site analysis and mobile networks GSM, CDMA, 3G, 4G.
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Link if you are NOT a LinkedIn member:

http://www.linkedin.com/groupInvitation?groupID=141739&sharedKey=35E59F107179

Link if you are a LinkedIn member:
http://www.linkedin.com/groupsDirectory?results=&sik=1216135556335

Join MTEB Forum if your are in wireless / telecomms

Join MTEB Forum if your are in wireless / telecomms

.
If you work in forensics and/or examination devices, investigations or deal with evidence then the MTEB forum puts you in contact with other professionals when you need help with technical issues, technical discussions or generally want to stay up to date. Due to the make up of the forum members: experts, high level security, law enforcement and senior investigators requests to join are vetted.
.
.
Invitation to Join Mobile Telephone Examination Board
--------------------------------------------------------
The MTEB forum is dedicated to evidential standards, forensic examination and lawful interception dealing with mobile telephones/SIM/USIM/MMC, bluetooth, IrDA, USB, cell site analysis and mobile networks GSM, CDMA, 3G, 4G.
.
Link if you are NOT a LinkedIn member:

http://www.linkedin.com/groupInvitation?groupID=141739&sharedKey=35E59F107179

Link if you are a LinkedIn member:
http://www.linkedin.com/groupsDirectory?results=&sik=1216135556335

SonyEricsson Hidden Evidence

SonyEricsson Hidden Evidence

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I have discovered that it is possible when manually examining some SonyEricssons (such as "K" range etc) that after a user has deleted the Last Number Dialled (LND) from the call register that it is possible to recover the last ten numbers dialled on the handset using the 'menu keys'.

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Here is the routine**:

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- Select Menu

- Select Messages

- Select Write New

- Select Text Message: this displays the screen to commence entering text but no need to enter any text leave screen blank

- Select Continue

- Select Addr. book look-up (can also state Contacts look-up): the screen now displays phonebook contacts

- Select More

- Select "Unsaved numbers": displays dialled numbers for LND that had been deleted

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There are some noteworthy points to consider:

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a) the recovered numbers cannot have already been saved into either the Phonebook of the handset or *SIM;

b) there are no dates and times when numbers were dialled;

c) the unsaved recovered numbers appear in a random order.

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*Checks were also made to ensure the recovered deleted numbers were not stored in 7F10 6F44 (EFLND) in SIM.

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In recovering this information I found when conducting tests using handset readers *none* detected what may amount to important evidence. Most importantly, if produced in evidence (by one party against another) that failure to detect such evidence may suggest a systemic failure of practises/practices and/or procedures regarding the examination of this make and its various models.

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I do not think that the above analogy could be suggested as fair as an overall statement of affairs because:

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d) the latest "w" range of SonyEricsson does not appear to have this functionality as far as I can tell, but further research is needed;

e) The English user manual for the K600i and K800i makes no mention of such a function, which I am describing as 'recovery of data that may have evidential value arising from an undocumented functionality of a particular handset'. Thus, this matter needs to be considered on a case by case (model by model) approach.

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Ultimately this finding underpins the principle that examiners cannot solely rely and transfer their responsibility onto so called 'forensic devices' to produce reliable findings, that human intervention is paramount when dealing with mobile telephone examination and evidence. My observations therefore do not rule out using forensic devices or software device readers that are used to recover data that are commonly served in evidence. The objective of raising this matter is one of awareness and that the skillsets required for manual examination must be retained.

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**Note: I have been informed that the above routine doesn't work on the SonyEricsson K850.