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Posted By Bob Youel
Anybody confirm if digital cameras are acceptable evidence in a court considering that they can be altered?
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Posted By Nick House
I wouldn't have thought so. As you have already said, the pictures they produce can be altered, thereby casting doubt on the acuracy of the photographs as evidence.
If you need photographs immediately, why not consider a Polaroid?
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Posted By Adrian Watson
Yes they are legal, but they must be sworn into evidence by the person who took the picture or a person who was present at the time.
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Posted By Jay Joshi
In litigation, evidence is subject to a test of credibility and reliability i.e.authentication. The same applies to digital images captured originally on various formats and then pictures developed or imaged on paper or screen. As digital pictures may be easily altered, it may be much more difficult, but not impossible to establish the evidence as authentic.
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Posted By Graham Bullough
This question was asked of a senior lawyer who was a speaker at a meeting last year of the Public Services Section of IOSH Manchester Branch. She said that photographs taken with a digital camera could be used in court proceedings. However, I recall that she advised that any persons involved in taking, downloading and printing off such photographs should sign and date a set of printed copies with a brief note to the effect that they show the original pictures as taken and have not been modified. As with any type of photograph, this should greatly minimise the likelihood of suggestions in court that the photographs had been altered.
It's worth adding that any witnesses present when the photographs were taken should also, where feasible, sign the signed copies of the photographs and have this fact mentioned on any written statement which they give. Any statements for witnesses not present when the photographs were taken should, where appropriate, mention that they have been shown the photographs which, as far as they can tell, appear to be correct and portray subjects which they recognise.
With their many advantages over conventional film cameras, digital cameras ought to be standard pieces of kit for effective safety practitioners, particularly as their photographic quality has improved and their average price has decreased compared with the earlier versions.
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Posted By Simon Ayee
The Police have their own guidance on the use of digital images (produced by ACPO) in legal proceedings - they can be used in evidence provided that the Police follow this procedure. It would be logical for H&S practioners to follow the guidance for images that meay need to be used in evidence. I have an PDF copy at work and I am fairly sure it is a "open" document but I can not remember the link to it. I will check on this and post another message.
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Posted By Bob Youel
It appears that they are legal providing certain rules are complied with. More information to follow
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