Access to Digital Evidence

The purpose of A2DE equipment is very specific, so it is worth making sure you understand what it is for before making a request. It is to provide prisoners with access to digital equipment required ‘to view electronic disclosure by the Crown as evidence for the prosecution in any legal case’. It is not for reading correspondence from legal advisers as this would be subject to Rule 39 – this will be provided in paper format as usual. It is not for legal research or preparing submissions to court – though there are some considerations for people may have difficulty with writing by hand, which we mention below.

If you think you need A2DE equipment you can make a request by completing the application form found at Annex G of the Policy Framework – you can ask staff for a copy of this or contact our service using the details at the bottom of this article. The application form asks you to give details about why you need the equipment, why the evidence cannot be viewed during a legal visit and if you have any medical conditions which should be taken into account.

When considering a request, the Policy Framework says that Governors must consider whether you will be genuinely disadvantaged without access to the appropriate equipment. The decision to give access to A2DE equipment must be balanced against security and safety concerns. If your legal work can be adequately conducted with paper and pen then it’s likely you will be expected to do so.

Annex A of the document gives more information about when A2DE equipment may be considered. The following are examples of things that an application may be approved for; to view evidence submitted by The Crown which is too large to be viewed in paper form or during a legal visit; if you have a disability which makes viewing the evidence in paper format difficult; if the defence is complex or requires investigation of data which could not easily be done without A2DE equipment; if the information is sensitive and in a format which could only be viewed using A2DE equipment; or if you are appealing against conviction, you have a live appeal with a valid appeals court number, and new additional disclosure is available.

The following are examples of reasons why an application may not be approved; if it is for typing letters to your legal team; if it is to view video evidence which could be viewed on a DVD player or during legal visits; if it is only to listen to audio evidence which could be listened to on a CD player; if you are not able to use the equipment; if you are an appellant appealing against sentence not conviction, where no additional disclosure is submitted; if it is to prepare an application for appeal.

Usually the equipment provided will not have write-access enabled, which means it cannot be used to type things like submissions for your case. The Policy Framework references the case of Ponting v Whitemoor, which states that there is no requirement laid down by the Court that written submissions had to be in typed format or to reach a certain level of English. It also references R v Kenyon, in which the Court of Appeal concluded that conditions imposed by the prison authorities on the use of a computer by a prisoner in connection with litigation did not breach his human rights.

There is an exception if refusing to provide equipment would raise a real risk of prejudicing legal proceeds – for example, if someone has a disability which makes writing by hand difficult. In these cases, an electronic typewriter might be provided instead of a laptop for this purpose.

If your application is approved you will be asked to sign a compact which includes the conditions of using the equipment. We recommend reading this carefully and asking staff if you are not clear about anything. If you would like a copy of the Policy Framework, please contact our service on the details below and we will be happy to send it to you.