A new report from the University of Glasgow, Scottish Centre for Crime and Justice Research and Loughborough University has examined how digital communications evidence (DCE) is used in applications to the Criminal Cases Review Commission (CCRC) involving rape and sexual offences.

Researchers examined 119 applications submitted to the Commission, in which the applicant claimed that their conviction was unsafe. From this, they found 62% of applications mentioned DCE as the reason for applying to the CCRC, with many applicants arguing that data from victims’ mobile phones or laptops would undermine a victim’s credibility and/or reveal their innocence.

The researchers reported that it appeared to be challenging for the CCRC to investigate claims raised by applicants because few provided specific details around the evidence they felt was relevant to explore, and would make generic suggestions such as, ‘look at her phone’, inferring there may be something to undermine the victims’ credibility. While 48% of the applications in the sample resulted in a full investigation by the CCRC, none were referred to the Court of Appeal. The majority of the remaining cases were closed because they had not yet undergone a first appeal.

Authors of the report, Professor Michele Burman and Dr Oona Brooks-Hay, both of the University of Glasgow and the Scottish Centre for Crime and Justice Research, and Dr Olivia Smith of Loughborough University, with Dr Yassin Brunger of Queens University Belfast, found the research also raised issues around victim credibility checks and victim notification.

Read the full research paper on the Scottish Centre for Crime & Justice Research

 

First published: 3 June 2025

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