Electronic Tag Expert Witness Case Study 8

Independent forensic expert evidence in an electronic tagging case

Bericon Forensics was instructed to provide independent forensic expert witness evidence in a case involving an electronic monitoring tag.

The defendant was subject to a curfew order and had been fitted with an electronic monitoring device, also referred to as a Personal Identification Device or PID.

A large number of alleged curfew breaches were recorded. The defendant maintained that the electronic tagging system had malfunctioned and that he had been inside the property at times when the monitoring records suggested he was absent.

The forensic expert’s instructions

A forensic expert witness was asked to inspect the electronic tagging installation and assess whether the system could be shown to have been operating correctly.

The forensic expert considered:

• the position of the electronic monitoring unit within the property;
• the relationship between the personal identification device and the monitoring unit;
• the surrounding physical environment;
• possible sources of interference;
• whether the installation complied with good operating practice; and
• whether the recorded curfew breaches could safely be treated as reliable.

Independent forensic examination of the electronic tag system

The forensic expert carried out a site inspection of the property and examined the location of the monitoring unit within the lounge.

The inspection raised concerns about the positioning of the monitoring unit. In particular, it was located close to a quantity of water and at least two large permanent magnets contained within loudspeakers.

These environmental factors raised questions about whether communication between the electronic tag and the monitoring unit could have been affected.

A request was made to G4S for information about possible interference with communication between the Personal Identification Device and the monitoring unit. The requested information was not provided on public-interest grounds.

Expert witness conclusion

The forensic expert witness concluded that reservations remained about the installation and the reliability of the monitoring system.

The available evidence did not resolve whether the surrounding environment had affected communication between the electronic tag and the monitoring unit.

As a result, important questions remained about whether the recorded curfew breaches accurately established that the defendant had left the property.

Significance of the forensic expert review

This case demonstrates the importance of independently examining electronic tagging evidence where a defendant disputes alleged curfew breaches.

Electronic monitoring records should be considered alongside the installation conditions, the location of the monitoring equipment and any factors capable of affecting communication between the devices.

Instruct an electronic tag expert witness

Bericon Forensics provides access to experienced forensic experts and expert witnesses for criminal cases involving:

• electronic tag evidence;
• alleged curfew breaches;
• electronic monitoring systems;
• Personal Identification Devices;
• monitoring-unit installation;
• possible signal interference;
• review of monitoring records;
• site inspections; and
• independent expert witness reports.

Our forensic experts can inspect electronic monitoring installations, assess the reliability of the available records and prepare clear reports for solicitors, counsel and the court.

Contact Bericon Forensics to discuss the instruction of an electronic tag expert witness.