Forces ‘overwhelmed’ by digital forensics with backlog of 25,000 devices waiting to be examined

His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) said forces were unable to keep pace with technology when it comes to digital forensics.

Inspectors concluded some forces were overwhelmed and did not have a clear understanding of what digital forensics are.

This led to huge delays in examining devices, which had a knock-on effect on both victims’ wellbeing and chances of a successful prosecution.

And HMICFRS found there was no clear and coherent national plan for improvement.

The inspectorate said victims face a “postcode lottery” with the service they receive, with some forces starting digital forensic examinations within weeks of a crime being reported, while others took 18 months to begin capturing evidence in a similar case.

HMICFRS has made nine recommendations to help policing improve. These include:

• An alternative operating model to provide effective and sustainable digital forensic services to support police investigations, designed by the Home Office, National Police Chiefs’ Council (NPC), College of Policing and the private sector;
• Appointing a national digital forensics policing lead to oversee a programme of improvement;
• A Home Office review into digital forensics budget and future funding; and
• An increase in the number of dedicated, competent and trained digital media investigators available to advise investigators and at crime scenes.

His Majesty’s Inspector of Constabulary Matt Parr said: “The rapid emergence of a digital society has created a huge opportunity for police to gather new types of evidence and identify criminals. But in our inspection, we didn’t see enough examples of policing making effective and efficient use of digital forensics.

“Many forces didn’t have a sufficient level of understanding of the work involved to recover evidence from mobile phones. Delays, lack of resources and lack of adequate training means some victims are being let down and officers are missing their chance to bring offenders to justice.

“During our inspection we found more than 25,000 devices waiting to be examined, and this doesn’t take into account all the devices already in the system.

“Some forces are showing promise, and we did see examples of good practice. But we found little evidence of this good practice being more widely shared and adopted by others.

“There is an enormous gulf in performance that cannot continue – it is unacceptable that victims in some force areas receive a significantly better service than others.

“The demand in digital crime will only continue to grow, so police leaders need to work with the Home Office and Crown Prosecution Service to tackle this immediately.

“Our report makes nine recommendations to address these issues. It is clear from our inspection that victims cannot afford to wait any longer for police to start taking this more seriously.”

NPCC lead for digital forensics, Deputy Chief Constable Paul Gibson said: “Today, virtually every crime has a digital element, often involving vast amounts of complex data. This presents policing with a serious challenge. We recognise this, and the need to do more, and are taking action.

“The NPCC published the Digital Forensic Science Strategy in July 2020, laying out a roadmap for improving the provision and use of digital forensics across law enforcement.

“In line with this, a range of activity is underway. For example, we are trialling the use of automation in cases relating to child sexual exploitation, in order to free up capacity within digital forensics units to focus on other crimes and tackle backlogs. In one force that has trailed this initiative, cases were processed 55 per cent faster on average, with 9.5 hours per case being saved.

“Through Operation Soteria, part of the Government’s response to the 2020 Rape Review, we are improving how every element of rape is dealt with. As part of this, we have delivered a range of mobile frontline digital forensic tools to enable forces to take technology to victims of rape.

“This includes a £5 million roll-out of mobile digital forensic vans and specialist digital equipment, with further investment supported by the Home Office this year.

“This initiative means we can provide a more sensitive service to victims, give investigators faster and more proportionate access to the right digital evidence and enable them to return devices more quickly.

Mr Gibson added: “As this report shows, there are key challenges ahead and there needs to be a stronger emphasis on understanding demand and complexity, and the capacity and capability needed to dramatically improve the service to victims and improve public safety, justice and confidence.

“I support the direction and recommendations made alongside key opportunities to drive improved operating models; including policy and legislation, exploiting cloud-based technology, and improved digital work management systems that are accessible to all.

“The report is an important driver for positive change, but will require considerable investment to transform services to give the best possible service to victims of crime.

“The recommendations will now be considered in detail with forces and our partners to inform the future response to the considerable digital forensic challenge.”

The roll-out of improved mobile frontline digital forensic tools for victims of rape and serious sexual offences commenced earlier this year, and forms part of the work police are doing through Operation Soteria to look holistically at every element of how rape is dealt with and investigated.

The NPCC said the delivery of automated technology to assist in combating child sexual exploitation online is “an important development”. This year the NPCC and Home Office have supported a £30 million national programme to coordinate and support forces in specialist approaches to the automation of digital examinations, selective extraction of data to pinpoint relevant evidence and the accreditation and quality assurance of digital forensic methods.

The Association of Police and Crime Commissioners digital forensics lead, Darryl Preston, said: “Forensics is vital and underpins our entire criminal justice system. If that goes wrong, our criminal justice system fails. It is vital improvements are made across the board so that policing does not fall behind in this digital revolution.

“It is simply unacceptable for victims to experience a postcode lottery service. We know there are pockets of really great work going on across England and Wales and this best practice must be shared and replicated if we are to ensure we are delivering the best service to victims.

“As national lead for digital forensics I will be liaising closely with our national partners to ensure system-wide improvements are embedded and as police and crime commissioners we will be holding our chief constables to account for their progress delivering on these.

“Standards are set by the Forensic Science Regulator by which forces must comply. We must see urgent improvements made and these standards met if we are to avoid delays in perpetrators being brought to justice and if we are to truly deliver a service that victims rightly expect and deserve.”