November 3rd, 2013 at 10:24 UTC by Ross Anderson
Three of our clients have been acquitted of tampering with curfew tags after the Ministry of Justice and G4S were unwilling to have an independent forensic team examine their evidence. This brings to five the number of tag-tampering prosecutions that have been withdrawn or collapsed when the defence says “Right, prove it then.” I reported the first case here.
The three latest matters were high-profile terrorism cases, involving three of the nine men tagged under the new Terrorism Prevention and Investigation Measure (TPIM) – a kind of national-security ASBO handed out by MI5, and which had already been criticised by David Anderson QC, the government’s independent reviewer of terrorism legislation, for low standards of proof. Unlike a normal ASBO which a court gives “on the balance of probabilities”, you can get a TPIM if the Home Secretary declares she has a “reasonable suspicion”.
The Ministry of Justice should perhaps, when they let the tagging contracts, have read our 1994 paper on the John Munden case, or the post here about the similar case of Jane Badger. If you’re designing a system one of whose functions is to provide evidence, you’d better design it to withstand hostile review. “Trust us” doesn’t cut it in criminal trials, and neither does “I’m afraid that’s commercially confidential.”