Independent Cell Site Analysis
Over the years our cell site analysis experts have either been instructed to prepare a cell site report for the prosecution or by the defence in order to potentially challenge a prosecution cell site analysis report.
More recently this has started to change as cell site analysis in being introduced into a case independently by the defence team in order to corroborate an alibi given by the defendant. Recent cases have involved the offence of using a mobile phone whilst driving. After looking at the call data records of the defendant it became apparent that there had been no activity around the time of the alleged offence.
Cell site analysis being independently introduced is now becoming more common as most people now realise that it is possible to locate where a mobile phone has been used historically. There appears to be a lot of conflicting advice regarding cell site analysis when introduced by the defence. The important thing to remember when looking to use cell site analysis in a case is that unless the prosecution has used cell site analysis, then the call data records will need to be obtained independently. These call data records, which are network generated records used for billing purposes, are what a cell site analysis expert would use to conduct the required work. Communications service providers in the UK are required to retain data in accordance with the requirements of the European Union Data Retention Directive which was transposed into UK law in 2007. This call data, as used for cell site analysis, is therefore kept for a minimum of 12 months, and not generally longer as once it is no longer required for justifiable business purposes then it is destroyed in accordance with data protection principles.
As most trials take place many months after the offence, then time is of the essence if you are thinking of introducing cell site analysis evidence. Once you have decided to instruct a cell site analysis expert then they should assist you through the process of exactly how to obtain the call data records for your client, and they should also be able to assist with a contact in each of the network providers. Once you have all the details then an expert should supply the wording required for your court order, so that you receive exactly the data that will be required in order to conduct cell site analysis. Once you receive the call data records the cell site expert will be able to see exactly how much work is required, if indeed, any at all, and should then be able to supply you with a quote to conduct the requested cell site analysis.
Footprint Investigations see no need or justification in any charge being made for the advice in reviewing call data records prior to preparing a cell site analysis report. An expert will be able to consider the raw data and then advise if a cell site analysis report will be meaningful, after all without any call data at the relevant times, it may be the case that there is nothing relevant to report on.
If you would like any further information about how Footprint Investigations could potentially assist with your case please contact Denise on 01527 467467 or denise@footprintinvestigations.com