The Importance of Mobile Phone Attribution

Frequently it is heard that Cell Site Analysis will place an individual at a specific location, area or vicinity.  Of course, such inappropriate comments are usually addressed immediately and correcting the statement so to reflect it is the mobile phone (SIM card) that is located and not an individual. It therefore follows that to attribute the mobile phone to a person or persons is essential for the evidence to have significant bearing.

The prosecution will frequently rely on communication data to prove conspiracy, knowledge or attendance.  Defence parties may wish to introduce additional mobile phone(s) in support of alibi or to consider an alternative sequence of events. In both cases, without mobile phone attribution, the evidence is vulnerable and potentially worthless.

The prosecution will usually rely on a Police Officer or an Analyst to prepare a mobile phone attribution statement or chart. It is often seen that a substantial bundle of pages are submitted, drawing together all the evidence relating to why the Crown attributes a phone or number of phones to specific people. This is done primarily to demonstrate mobile phone attribution without the potential to call dozens of witnesses to court, each providing a small piece of the puzzle and often referring to computer records controlled by their respective company.

Each item relied upon is required to have been submitted as its own exhibit and can therefore be challenged on an individual basis. In a similar manner, should the defence wish to introduce evidence requiring mobile phone attribution, then it would be reasonable to gather all that evidence in one submission.

The Legal Aid Agency has shown their support in authorising work where a professional knowledge is required to understand the data available.  It will therefore be relevant to each individual set of circumstances as to whether or not an expert’s support is justified when considering mobile phone attribution. Clearly, an expert’s assistance is not required to consider statements from family members, subscriber information or other standard computer extracts.  In the event of considering call data records, handset and SIM card examinations as well as cell site analysis, then a cell site expert may be either desirable or a necessity.

If you would like to find out more about mobile phone attribution, call Footprint Investigations on 01527 467467 or enquiries@footprintinvestigations.com