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Computing & Digital Evidence

Computing & Digital Evidence at Keith Borer Consultants

Digital evidence is everywhere.  We have seen an explosion in the everyday use of digital devices in recent years.  Everything from computers or laptops to memory cards, DVDs, sat-navs and online websites can contain critical digital evidence.  Furthermore, fragments of deleted information that can be located and reconstructed may be the key to evaluating the evidence in the case.  Our Digital Experts are forensic scientists who use specialist techniques to safely examine digital storage media and devices whilst maintaining the original evidence in line with ACPO guidelines, thereby ensuring their findings are suitable for presentation in criminal, civil, or other court proceedings.  As the field has progressed, the older terms Computer Forensics, Cyber Forensics, Digital Evidence Recovery and Internet Forensics have generally been assimilated under the heading of Digital Forensics.

It is critical to distinguish between the mere existence of files or images and evaluative evidence that serves to reliably establish their provenance.  For example, assessing the likely source of such material and whether the evidence supports an assertion that the defendant was deliberately seeking the charged material, or if it was inadvertently accessed.  It is also important to analyse the relevant witness statements to assess whether alternative explanations may be possible, such as another user of the computer being responsible for the presence of the material.  We also comment upon whether malware such as viruses or remote access to the computer is consistent with the evidence.

Our Computer and Digital Experts’ caseload is not restricted, however, to criminal law.  In the business arena intellectual property theft, data leakage, industrial espionage and potentially bogus tribunal claims are just some of the areas in which our investigative, analytical and technical skills and experience have been exceptionally effective.  It is also of note that a professional examination of digital material may be necessary in the exercising of “due diligence”, where such must be shown.

Each year our highly experienced experts undertake dozens of computer examinations for all types of offences, even those not traditionally associated with computer evidence.  Examples include:

  • Indecent Images of Children, Prohibited Images of Children, and Extreme Pornography

We can verify the classification of such images against the SGC scale (sometimes erroneously referred to as the “Oliver Scale” or the “Copine Scale”) and draw attention to any case law that may be relevant to the charges.  Establishing how the images came to be on the computer, what search terms were used, and who may have been responsible is our speciality.  This has become an even greater priority since the prosecuting authorities have started to commence proceedings on “triage” evidence, which does not consider the provenance of the digital evidence.

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  • Rape and Assault

Conversations on platforms such as Facebook, Skype, Twitter, and Windows Live Messenger can often provide crucial evidence in supporting or debunking the statement of a witness, defendant, or complainant.  We can log in to your client’s Facebook account and exhibit such messages ready for Court.  Alternatively, if the messages have been deleted, we can examine the computers of all involved parties to recover the conversation.

  • Fraud, Money Laundering, or Supply of Drugs

A very significant proportion of crimes, specifically “white collar crime” and those related to classified drugs now have an online element.  In addition to social media and instant messaging conversations, recovery of deleted emails can provide a clear overview of communications between individuals, and may be able to demonstrate a suspect’s involvement in a crime, or ignorance of the act.

  • Breach of Orders

Restrictions on what people can do online are becoming more common, including those imposed under restraining orders, sex offender orders and anti-terrorism controls.  We can examine the relevant computers and report as to whether, and if so under what circumstances, such restrictions may have been breached.

  • Disloyal Employees and Leaver Screening

It is a fact of the modern world that loyalty to an employer is no longer seen as a virtue by some sections of the workforce.  Couple this with the straightened financial circumstances of the last few years, and the offer by a competitor of a financial inducement to steal company-confidential data may prove too much of a temptation.

It is also an unfortunately common occurrence for a departing employee to take sensitive data with them when they leave.  We have the facility to screen digital equipment, particularly laptops and memory devices, used by the employee for any indications of potential data leakage.  If we find such evidence, we can discuss the options with you.

Our Computer and Digital Experts use exactly the same methodologies in such cases as we do in high profile criminal cases.  If the evidence is there, we will find it and present it in a form suitable for use in disciplinary proceedings or litigation.

Our commitment to you is to provide an accurate, complete and unbiased report in plain English.  If it is necessary to use technical terms, then these will be explained.  Often, when subjected to expert scrutiny, evidence that initially appears to be convincing or even overwhelming may be shown to be incomplete or misinterpreted.  We promise to deliver much more than a simple “data dump” of what was present.  As further reassurance, you will also have direct access to the examining expert to discuss their findings, which is particularly of benefit in a complex case.

What our customers say...

  • Really happy with all aspects of this case and would definitely recommend this company. Thank you.

    Private instruction, September 2020
  • Clear advice given at start and very prompt response.

    Private Client, March 2021
  • We have used KBC on many occasions in the past and have always had a reliable service.

    Solicitor, April 2020
  • Mr Brown was an impressive witness. As far as I am concerned, you can give him full marks all round.

    Counsel, March 2020
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    Solicitor, December 2019
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    Solicitor, May 2020
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    Solicitor, April 2020
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    Solicitor, February 2021
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    Solicitor, January 2020
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    Solicitor, January 2020
  • I was delighted by Mrs Tweedy's professional and thorough approach.

    Mr Saltrese - September 2019
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    Solicitor, September 2019
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    Solicitor, June 2020
  • I will definitely use Dr Schudel in the future and will be recommending him to my colleagues.

    Counsel, March 2020
  • Complete satisfaction with services.

    Solicitor, September 2019
  • We have always received professional and high standards of services. Reports are produced promptly and communications responded to without delay.

    Solicitor, September 2020
  • Karl Ebejer was always prompt with responses and was very helpful.

    Solicitor, August 2020
  • We have used your company numerous times and have always received very well written and easy to understand reports.

    Solicitor, March 2021
  • I have instructed you for many years and always find yourselves to be helpful, efficient and reports are prepared in an easy to digest format.

    Solicitor, October 2019
  • I have been instructing KBC for over 15 years and have always been happy with the service, contact from experts and quality of the reports.

    Solicitor, December 2020
  • Excellent client care and service.

    Solicitor, August 2020
  • Mr Dampier made an incredibly complicated matter easy to understand.

    Barrister, February 2020
  • Experts are always happy to discuss matters prior to providing report.

    Solicitor, December 2020
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    Solicitor, August 2020
  • Always a pleasure working with you guys; our first choice for instruction.

    Solicitor, November 2019
  • Mr Beatson was very helpful and professional, clearly with a wide range of knowledge and understanding.

    Solicitor, March 2020
  • Mrs Allan was most informative and provided explanations where required. A very professional attitude.

    Private Client, March 2021
  • Mr Dunnill’s report was helpful and our conference at Court informative; I would certainly be happy to use him in a case again.

    Barrister, December 2020
  • I have worked with Mr Donnelly in many cases over the years and his expertise, presentation of written work and ability in the witness box is second to none.

    Counsel, November 2020
  • Excellent reports within Legal Aid rates.

    Solicitor, November 2019
  • I don’t think the service could be improved upon or bettered in any way.

    Private Instruction, November 2020
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    Solicitor, December 2020
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    Private client, July 2020
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    Solicitor, November 2019
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    Solicitor, November 2019
  • Report well presented. Concise and precise.

    Solicitor, February 2021
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    Prison Governor, June 2020
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    Solicitor, October 2019
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    Solicitor, September 2020
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    Solicitor, December 2020
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    Solicitor, November 2020
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    Solicitor, June 2020
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    Solicitor, September 2020
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    Solicitor, November 2020
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    Barrister, November 2019
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    Private instruction, September 2020
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    Solicitor, November 2019
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    Solicitor, November 2020
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    Solicitor, April 2020
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    Solicitor, March 2020
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    Solicitor, January 2021
  • Excellent, as usual.

    Solicitor, September 2020
  • Andrew Dampier provided first class service in the form of reports and maps. He was able to explain the report in good layman’s terms and was also available to take calls and provide further information to counsel.

    Barrister, January 2021
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    Barrister, February 2021
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    Solicitor, March 2020
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    Solicitor, July 2020
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    Solicitor, March 2021
  • Your (cell site) reports and maps were extremely helpful.

    Barrister, February 2021 ​​​​​​
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    Solicitor, March 2021
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    Barrister, March 2020
  • Telephone communications were very helpful when we were not able to contact the expert directly. The call takers were knowledgeable as to the case and what was required and answered any queries we had.

    Solicitor, September 2020
  • I used Andrew Dampier for a cell site case and he was exceptional.

    Barrister, November 2020
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    Solicitor, September 2019
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    Solicitor, January 2021
  • Simon Bunter is extraordinarily knowledgeable, remarkably efficient and a wonderful communicator. I cannot recommend him highly enough.

    Barrister, December 2019
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    Solicitor, December 2020
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    Solicitor, November 2019
  • Mr Armstrong impressed throughout the trial as a real expert in his field. It was apparent too that Mr Armstrong was entirely impartial.

    Counsel, March 2020
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    Solicitor, July 2020
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    Solicitor, December 2020
  • Mr Prime reported to us with great efficiency and presented his evidence to the Jury in an extremely persuasive manner.

    Counsel, March 2020
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    Solicitor, January 2021
  • Service was excellent throughout.

    Solicitor, August 2020
  • There are times when DNA evidence can be a little dry, but Mike Appleby's presentation and delivery to the jury was pitch perfect.

    Barrister, December 2019
  • I am very impressed by your service.

    Solicitor, February 2020
  • I find KBC invariably helpful and reliable.

    Solicitor, December 2020
  • Simon Bunter is as good an expert as I have ever worked with.

    Barrister, December 2019
  • Overall helpful and efficient service.

    Solicitor, September 2019
  • Mr Frost has been a great help in this case and we really appreciate his assistance.

    Solicitor, February 2021
  • Jenny Gray acted with the utmost integrity throughout. This was noted in open court by the judge hearing the case.

    Solicitor, October 2019
  • I can say that I am very satisfied with the service I have received from KBC, starting with my initial phone call and interaction your colleague when I made my initial enquiry, right up to the report being received. I would certainly use KBC again and would recommend you to my colleagues.

    Solicitor, January 2020
  • Fast service; timely response to communication.

    Solicitor, January 2020
  • Prompt and Professional and produces excellent reports.

    Solicitor, September 2020
  • Mike Appleby's exceptional quality was noted by all of the Counsel involved in the case. It is always a pleasure to watch someone, who is good at something, doing it and doing it well.

    Barrister, December 2019
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    Solicitor, July 2020
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    Solicitor, August 2020
  • Found the service to be extremely helpful, given the timeframe in which the report was required.

    Solicitor, January 2020
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    Private Instruction, November 2020
  • Extremely good customer service and continuous contact/support.

    Solicitor, November 2019
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    Private instruction, September 2020
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    Solicitor, December 2020
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    Private instruction, September 2020
  • Communication and speed of delivery of information was, as always, excellent.

    Solicitor, April 2020
  • We have used your services on many previous occasions. You always provide the cheapest estimate and respond quicker than any other service provider we have contacted for the purposes of Legal Aid.

    Solicitor, January 2021
  • Mr Appleby was truly excellent. While giving evidence it was plain that he has achieved the perfect blend of clarity and authoritative charisma.

    Barrister, December 2019
  • I have had the pleasure of the assistance of Mike Appleby on a number of occasions now and he is an excellent man to have around. 

    Counsel, March 2020

Keith Borer Consultants is a division of Orchid Cellmark Ltd, a company registered in England at 16 Blacklands Way, Abingdon, OX14 1DY.

Registered No. 4045527; VAT registration No. GB 750 0292 64

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