Facebook Evidence - Is there a right or wrong way to go about getting this?

[IzzyMadison]

I'm helping a friend who has been accused of and charged with sexual assault. This forum has been a real lifeline!

I have read in the forum that Facebook screenshots can be used to help with evidence. If we are not the FA's friends on Facebook is there a right or wrong way to go about getting these screenshots please? e.g. Would we have to be friends with them already? Or, can we create a "friend" or would this be deceptive/inadmissible?

BTW, the reason we ask is that we're familiar with Facebook but not that familiar with how it all works and how best to use it to gather any relevant evidence.

[Itsnotallbad]

Hi IzzyMadison,

This is not legal advice,you can approach a direct access barrister for points of law etc but my take on it (from personal experience) is this:

If the person in questions social media is made public so that anyone can see it then anything they choose to share is fair game.

In terms of private messages between parties that may have been deleted or are no longer accesible,you can request these via disclosure at a hearing before the trial. The police should then search anything relevant on their phones and social media.

In terms of making a fake profile,this is a big no no. For most people(circumstance dependant) their bail conditions will include 'to not directly or indirectly contact the complainant'. Even if one of his friends made an accountant that could be taken as indirect contact.

Lastly any screenshots you get should be collected and dated. DO NOT hand these over to the police thinking they will drop the charges. All it does it show your enemy your potential aces. Inform your solicitor and make sure your barrister see's them post charge.

Best of luck

[Rights Fighter]

In terms of making a fake profile,this is a big no no. For most people(circumstance dependant) their bail conditions will include 'to not directly or indirectly contact the complainant'. Even if one of his friends made an accountant that could be taken as indirect contact.

That's not quite right.

Evidence I obtained from Facebook helped to get a trial dumped on the 2nd day. I provided a statement as to who I am and what I do - which wasn't needed but I made it anyway just in case.

I undertake internet research when I am working on a particular case and so far have only had one problem. The accuser's mother accused the def of "stalking" her on Facebook due to the evidence I found. I was asked to make a statement saying who I am and what I do, and confirming that the def had not been stalking her either personally or through me. that was accepted.

I never talk to anybody I am monitoring. I never "like" a post or share one of theirs and they have no idea that I exist apart from the fact they once accepted a friend request and even then, that tends to be a friend of a friend so no direct contact with the accuser at all. Obviously if the profile is open to public scrutiny then snapping helpful posts can in no way be classed as indirect contact.

One client asked if he could obtain evidence legally from the accuser's profile and was told by his solicitor that he is entitled to find evidence to defend himself - providing that he does not make any sort of contact, "like" or share anything from the profile, so he could not be accused of intimidation or unwanted contact.

I would say though that it is far more preferable that an independent person aside from the trial does this on your behalf and provides a statement if they can "get in" to the inner circle - ie friends or friends of friends. Of course the police do this all the time as to private investigators.

[Itsnotallbad]

That's not quite right.

Evidence I obtained from Facebook helped to get a trial dumped on the 2nd day. I provided a statement as to who I am and what I do - which wasn't needed but I made it anyway just in case.

I undertake internet research when I am working on a particular case and so far have only had one problem. The accuser's mother accused the def of "stalking" her on Facebook due to the evidence I found. I was asked to make a statement saying who I am and what I do, and confirming that the def had not been stalking her either personally or through me. that was accepted.

I never talk to anybody I am monitoring. I never "like" a post or share one of theirs and they have no idea that I exist apart from the fact they once accepted a friend request and even then, that tends to be a friend of a friend so no direct contact with the accuser at all. Obviously if the profile is open to public scrutiny then snapping helpful posts can in no way be classed as indirect contact.

One client asked if he could obtain evidence legally from the accuser's profile and was told by his solicitor that he is entitled to find evidence to defend himself - providing that he does not make any sort of contact, "like" or share anything from the profile, so he could not be accused of intimidation or unwanted contact.

I would say though that it is far more preferable that an independent person aside from the trial does this on your behalf and provides a statement if they can "get in" to the inner circle - ie friends or friends of friends. Of course the police do this all the time as to private investigators.

Hi Rightsfighter,

Thanks for correcting me,that piece of advice probably stemmed from me not wanting to jepardize my bail due to not knowing the exact law.

Cheers

[Rights Fighter]

You are absolutely right to be cautious. As I said it's better that whoever does the FB monitoring, they really should be completely independent of the case, so relations and close friends best not be doing that.

[vvnn8]

That's not quite right.

Evidence I obtained from Facebook helped to get a trial dumped on the 2nd day. I provided a statement as to who I am and what I do - which wasn't needed but I made it anyway just in case.

I undertake internet research when I am working on a particular case and so far have only had one problem. The accuser's mother accused the def of "stalking" her on Facebook due to the evidence I found. I was asked to make a statement saying who I am and what I do, and confirming that the def had not been stalking her either personally or through me. that was accepted.

I never talk to anybody I am monitoring. I never "like" a post or share one of theirs and they have no idea that I exist apart from the fact they once accepted a friend request and even then, that tends to be a friend of a friend so no direct contact with the accuser at all. Obviously if the profile is open to public scrutiny then snapping helpful posts can in no way be classed as indirect contact.

One client asked if he could obtain evidence legally from the accuser's profile and was told by his solicitor that he is entitled to find evidence to defend himself - providing that he does not make any sort of contact, "like" or share anything from the profile, so he could not be accused of intimidation or unwanted contact.

I would say though that it is far more preferable that an independent person aside from the trial does this on your behalf and provides a statement if they can "get in" to the inner circle - ie friends or friends of friends. Of course the police do this all the time as to private investigators.

Hi Rf.

The same thing for a witness who is lying? Can we invalidate the testimony or low credibility if he/she have bad conducts or photos (evidence) that we can find on Facebook?

Thanks

[Rights Fighter]

Social media evidence can be used to "correct a false impression" any witness might create.

Ask your solicitor about that. He or she knows the case better than I do.

[IzzyMadison]

Evidence I obtained from Facebook helped to get a trial dumped on the 2nd day. I provided a statement as to who I am and what I do - which wasn't needed but I made it anyway just in case.

I undertake internet research when I am working on a particular case and so far have only had one problem. The accuser's mother accused the def of "stalking" her on Facebook due to the evidence I found. I was asked to make a statement saying who I am and what I do, and confirming that the def had not been stalking her either personally or through me. that was accepted.

I never talk to anybody I am monitoring. I never "like" a post or share one of theirs and they have no idea that I exist apart from the fact they once accepted a friend request and even then, that tends to be a friend of a friend so no direct contact with the accuser at all. Obviously if the profile is open to public scrutiny then snapping helpful posts can in no way be classed as indirect contact.

One client asked if he could obtain evidence legally from the accuser's profile and was told by his solicitor that he is entitled to find evidence to defend himself - providing that he does not make any sort of contact, "like" or share anything from the profile, so he could not be accused of intimidation or unwanted contact.

I would say though that it is far more preferable that an independent person aside from the trial does this on your behalf and provides a statement if they can "get in" to the inner circle - ie friends or friends of friends. Of course the police do this all the time as to private investigators.

Thanks SO much for taking the time to replay in detail. Trying to find the right/relevant information seems to be a series of mazes. Thanks for helping us get through this one!

[Staystrong1]

Hi there
OH went to,trial last year and got Unanimous NG. We managed to,find a lot of discrepancies and evidence to help prove FA lies. One of the evidences defence used at Court was facebook we had obtained screen shots of messages, pictures, timeline which assisted in his case. Make sure dates are on the screenshots.

[IzzyMadison]

Hi IzzyMadison,

This is not legal advice,you can approach a direct access barrister for points of law etc but my take on it (from personal experience) is this:

If the person in questions social media is made public so that anyone can see it then anything they choose to share is fair game.

In terms of private messages between parties that may have been deleted or are no longer accesible,you can request these via disclosure at a hearing before the trial. The police should then search anything relevant on their phones and social media.

In terms of making a fake profile,this is a big no no. For most people(circumstance dependant) their bail conditions will include 'to not directly or indirectly contact the complainant'. Even if one of his friends made an accountant that could be taken as indirect contact.

Lastly any screenshots you get should be collected and dated. DO NOT hand these over to the police thinking they will drop the charges. All it does it show your enemy your potential aces. Inform your solicitor and make sure your barrister see's them post charge.

Best of luck

Thanks for these tips. I have noted both RightFighter's and your comments about direct/indirect contact. I'm sure I won't be the only one that finds all this information useful. Thank you!

[IzzyMadison]

Hi there
OH went to,trial last year and got Unanimous NG. We managed to,find a lot of discrepancies and evidence to help prove FA lies. One of the evidences defence used at Court was facebook we had obtained screen shots of messages, pictures, timeline which assisted in his case. Make sure dates are on the screenshots.

Thanks Staystrong1. Big thumbs up on the unanimous NG. If you pass back through are you able to say how you got the Facebook evidence please? Was it public or did someone get it for you?

[IzzyMadison]

Evidence I obtained from Facebook helped to get a trial dumped on the 2nd day. I provided a statement as to who I am and what I do - which wasn't needed but I made it anyway just in case.

[snip]

I would say though that it is far more preferable that an independent person aside from the trial does this on your behalf and provides a statement if they can "get in" to the inner circle - ie friends or friends of friends. Of course the police do this all the time as to private investigators.

Can you tell me who the statement is provided for please?

[Staystrong1]

Thanks Staystrong1. Big thumbs up on the unanimous NG. If you pass back through are you able to say how you got the Facebook evidence please? Was it public or did someone get it for you?

Hi Izzy

We got it ourselves and the barrister presented it at Court. I screenshot eveything I thought might help and the solictor and barrister used what was relevant in defence disclosure at trial. If in doubt print it, is my advice. It was very useful, even FA friends or potential witnesses as that was also useful at trial. Facebook is in the public domain so you can get this legally, but also per others advice do not contact people or set up fake profiles as you need to be able to use it for your defence if a trial happens. X

[IzzyMadison]

Brilliant.Thanks!!

[Rights Fighter]

Can you tell me who the statement is provided for please?

The defence team