Digital Communications as Evidence (DCE) in Sexual Offence Applications to the Criminal Cases Review Commission

Published: June 2025

This report presents the findings of the Digital Communications as Evidence in Sexual Offence Applications to the Criminal Cases Review Commission (CCRC) project. The study examined the nature and outcome of CCRC applications involving charges of rape where it was claimed by the applicant that their conviction was unsafe due to non-use, or failures in the use of, digital communications evidence (DCE).

The objectives of the study are as follows;

  1. describe the frequency and nature of CCRC applications involving DCE in adult (complainant aged 16+) rape and sexual offence cases, including the types of evidence discussed and any arguments as to its prejudicial and/or probative nature;
  2. identify whether any types of DCE are associated with particular CCRC outcomes (e.g., closed at triage, not referred after investigation, referred after investigation, and;
  3. develop recommendations for CCRC.

This report was commissioned by the Criminal Cases Review Commission, co-authored by Michele Burman, Olivia Smith, Oona Brooks-Hay & Yassin Brunger and published by the Scottish Centre for Crime and Justice Research.

Authors / Editors

Prof Michele Burman

University of Glasgow

Professor Oona Brooks-Hay

University of Glasgow

Research Themes

Digital Media, Surveillance and Technology

Gender, Crime and Criminal Justice