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The Citizen Participation and Public Petitions Team
Under consideration PE2185: Introduce stronger safeguards around the use of digital material in court proceedings
Calling on the Scottish Parliament to urge the Scottish Government to amend the Criminal Procedure (Scotland) Act 1995 to ensure that any digital material presented in court, such as photos or screenshots, is verifiably sourced, time-stamped, and able to be independently authenticated before being considered admissible, unless both parties agree otherwise.
Background information
I was accused based on screenshots that were never checked for metadata or linked to my device, despite police having my phone and PIN. It was never confirmed who sent them or when they were created. These images could easily have been faked. The impact on my life was severe – I became suicidal and appeared in a documentary on male mental health in Scotland. In today’s digital world, anyone can create fake messages. This is not just about my case — it’s about fixing a loophole that can hurt anyone. We need proper rules on digital evidence, so courts aren’t misled and innocent people are protected.
The action asked for by my petition would not interfere with judicial discretion, but rather provide clearer legislative guidance to protect against the misuse of fabricated or contextless digital submissions, particularly in summary cases.
The motivation behind this proposal is not only my own experience, but related to wider concerns about how easily digital material can be manipulated and misused in the justice system, especially as such material becomes increasingly common in both prosecution and defence submissions.
13 signatures
This petition is now under consideration
Click here for further information about the consideration of this petition.