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You are here: BAILII >> Databases >> United Kingdom Journals >> The harm that judges do - misunderstanding computer evidence: Mr Castleton's story URL: http://www.bailii.org/uk/other/journals/DEESLR/17_5172.html Cite as: The harm that judges do - misunderstanding computer evidence: Mr Castleton's story |
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The reliability of computer systems, and the reliability of documents produced by computers, is important. There is a widely held perception that computers are fundamentally reliable. Further, it is commonly assumed that most computer errors are readily detectable or otherwise the result of user 'input' error. Since 1997 the courts have applied the presumption of the proper functioning ofmachinesto computers. This article considered the case of Lee Castleton to illustrate that this presumption can have a devastating effect when applied.
Index words: software, electronic evidence, computer evidence, presumption of reliability