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INT-LAW  February 2008, Week 1

INT-LAW February 2008, Week 1

Subject:

Case management of child exploitation cases (US, UK, NZ & Canada) [SEC=UNCLASSIFIED]

From:

Kemenes Tania <[log in to unmask]>

Reply-To:

International Law Librarians List (Int-Law)

Date:

Fri, 8 Feb 2008 14:09:14 +1100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (46 lines)

Dear colleagues,

I have been trying to identify how law enforcement agencies in the UK, United States, Canada and New Zealand manage the volume of images and videos which amass in the investigation of child exploitation matters.  For example, are there guidelines or protocols in place that limit the number of images that have to be analysed by police and other law enforcement agencies, or perhaps a percentage based approach to the volume of material that needs to be viewed.   It would appear that this type of information is not readily available.  Certainly, the legislation in each of these jurisdictions does not appear to specify how this material is dealt with, merely what the offences are.

The information I've found during research conducted thus far is reproduced below. If you are aware of any other sources of information in your particular jurisdiction that might assist or be relevant, I would be most grateful for your guidance.

UNITED KINGDOM

In the UK, an article was published in The Solicitors Journal (2004) 148(5) p130 by Robert Davies, which refers to a Protocol designed to improve procedures for child pornography cases for the Bristol Crown Court. This Protocol purportedly allows consensus to be reached as to the nature and scale of offences and the categorisation of the material, without the need for all parties to view all images.  Unfortunately, I have been unable to locate a copy of this Protocol.  The case of R v Thompson [2004] 2 CrAppR 16 outlines practices that should be adopted in the drafting of indictments for offences involving photographs of children, noting photos used in specific counts should be broadly representative etc. Amongst the resources I have checked are Archbold, Halsbury's, WestLaw, BAILLI and the Crown Prosecution Service Website.  Is there somewhere else I should be looking which might give me a pointer to the procedures followed ?

CANADA

In Ontario, Canada, the case of R v Horvat 2006 CanLII 25410 (ON SC), refers to RAID forensic software which is used to analyse the contents of computers. A mathematical formula is then applied to arrive at a final figure (without all images actually having to be viewed).  I have checked Justice Canada's Crown Policy Manual, but it does not go into specific details.  In a paper presented to the International Association of Prosecutors September 2001, mention is made that the provincial jurisdictions have developed specific guidelines on the prosecution of crimes against children: in British Columbia the core policy "Child abuse - physical and sexual" and the Practitioners Manual "Prosecution of child abuse" contains Sample Investigative Checklists and Sample Case Management Materials; but I have been unable to locate copies of these.  I have checked Snow's Annotated Criminal Code, CANLII, LexisNexis, Ministry of the Attorney General Website, but again, should I be looking somewhere else ?

UNITED STATES

Not much luck here. I've checked LexisNexis and the Cornell Institute.  I've looked at the Annotated US Code (esp. Title 18 Chapter 110), Federal Rules of Evidence and Federal Rules of Criminal Procedure. While it appears to be a defence to possess less than 3 images of child pornography, I couldn't seem to find guidance anywhere as to how many images law enforcement agencies in the US need to analyse when investigating cases involving vast numbers of images.

NEW ZEALAND

Checked Adams on Criminal Law and NZLII.  

Apart from directly contacting the relevant law enforcement agencies in each country, any pointers for further research would be gratefully received.

Regards,
Tania Kemenes

Commonwealth DPP
Head Office Library
PO Box 3104
Canberra City ACT 2601
AUSTRALIA

Email: [log in to unmask]
Ph: (02) 6206 5681
 
In Books lies the soul of the whole Past Time (Thomas Carlyle)
 


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