The regulation of electronic evidence in the United Arab Emirates : current limitations and proposals for reform

Electronic versions

Documents

  • Khaled Ali Aljneibi

    Research areas

  • PhD, School of Law

Abstract

Due to the crucial role that electronic evidence is now playing in the digital age, it constitutes a new form of evidence for prosecutors to rely on in criminal cases. However, research into the use of electronic evidence in the United Arab Emirates (UAE) is still in its initial phase. There have been no detailed discussions on the procedural aspects associated with electronic evidence when investigating crimes, or the problems and challenges faced by law enforcers when handling electronic evidence. In addition, there has also been no detailed explanation of the ideal investigation process, such as the processes involved in computer search and seizure, and forensic investigation. As a result, the understanding and awareness of how to regulate and combat criminal cases that rely on electronic evidence is incomplete. In such situations, offenders usually take advantage of this lack of prescription in law. Because the understanding and awareness levels associated with electronic evidence is not perfect in the UAE, the UAE needs to promulgate new rules for handling electronic evidence as its laws are currently focused on traditional eyewitness accounts and the collection of physical evidence. Thus, it is very important that issues related to the existing approaches pertaining to electronic evidence in criminal procedures are identified, and that reform proposals are developed, so that new rules for handling electronic evidence can be adopted to effectively combat crime, by making full use of it. This thesis examines the problems and challenges currently affecting the regulation electronic evidence in the UAE, and contributes to the body of academic literature in this area. Such a contribution is appropriate in the UAE context, where the law currently lacks sufficient academic input, especially concerning electronic evidence. The thesis makes actual recommendation as to how the substantive law may be reformed in the form of draft articles and includes an analysis as to how the process of prosecution and evidence collection can be facilitated. In particular it suggests that the electronic evidence process should be regulated in order to facilitate effective investigation and make full use of electronic evidence. This will ensure that electronic evidence is used in a transparent manner to preserve the integrity of criminal procedure, thereby safeguarding the accused, whilst at the same time facilitating prosecution and trial proceedings.

Details

Original languageEnglish
Awarding Institution
Supervisors/Advisors
  • Yvonne McDermott Rees (Supervisor)
Thesis sponsors
  • Dubai Public Prosecution
Award date3 Jun 2014