Documentary evidence is collected by obtaining originals or copies of relevant documents.
Documentary evidence is a crucial part of investigations, legal proceedings, and audits. The collection process must be meticulous to ensure the authenticity and admissibility of the evidence. Here’s a breakdown of how it's typically done:
1. Identification and Planning:
- Identify Relevant Documents: Determine what types of documents are pertinent to the matter at hand. This could include contracts, emails, financial records, meeting minutes, photographs, videos, etc.
- Develop a Collection Plan: Outline the scope of the collection, the sources from which documents will be gathered, and the methods used. Consider legal requirements and ethical considerations.
2. Obtaining the Documents:
- Requesting Documents: Formally request documents from individuals or organizations. This request should be clear, specific, and comprehensive. Specify the timeframe, subject matter, and format of the requested documents.
- Search and Seizure: In some cases, it may be necessary to obtain documents through a search warrant or subpoena. This must be done in accordance with legal procedures.
- Data Extraction: For electronic documents, data extraction tools and techniques can be used to collect information from databases, email servers, and other digital sources.
- Digital Forensics: When dealing with deleted or hidden files, a digital forensics expert may be needed to recover and analyze data.
3. Types of Documents to Collect:
Generally, a copy is sufficient, but original documentation should be obtained where:
- Risk of Tampering: There is a risk that the original may be tampered with at a later stage.
- Difficulty in Obtaining Later: The original may be difficult to obtain at a later stage, e.g., a departing witness.
4. Preservation and Chain of Custody:
- Preserve Original Documents: Store original documents in a secure location to prevent damage, loss, or alteration.
- Maintain Chain of Custody: Establish a clear chain of custody to track the possession and handling of the documents from the time they are collected until they are presented as evidence. This includes documenting who collected the documents, when they were collected, where they were stored, and who had access to them.
5. Authentication and Verification:
- Verify Authenticity: Take steps to verify the authenticity of the documents. This may involve comparing the documents to known samples, examining their physical characteristics, or interviewing individuals who can attest to their validity.
- Certify Copies: If copies are used, ensure that they are certified as true and accurate copies of the original documents.
6. Documentation and Record Keeping:
- Document the Collection Process: Maintain a detailed record of the entire collection process, including the dates, times, locations, and methods used.
- Create an Inventory: Create an inventory of all documents collected, including their descriptions, sources, and dates of creation.
7. Storage and Security:
- Secure Storage: Store the documents in a secure location to protect them from unauthorized access, theft, or damage.
- Access Control: Implement access control measures to restrict access to the documents to authorized personnel only.
In summary, collecting documentary evidence involves carefully identifying, obtaining, preserving, authenticating, and storing relevant documents while maintaining a clear chain of custody. Whether obtaining originals or copies, a meticulous approach ensures the evidence is reliable and admissible.
