| Popis: |
In the era of the information age, computers have created new avenues for online and offline crimes. Consequently, they have also created an abundance of incriminating evidence that can be stored digitally. The widespread use of computers and digital devices has also led to searches of data stored on hard drives and other storage devices. This has also led to a new type of search and seizure that is known as the search and seizure of digital evidence. This research is an analytical study of the Malaysian legal system that addresses the criminal justice system and its response to dealing with the search and seizure of digital evidence in crimes. The Malaysian position in law and practice is the focus of this study. The position in England and Wales is also discussed where relevant for purposes of critique and potential reform. This research aims to review the legislation on search and seizure procedure of digital evidence primarily in Malaysia, with some comparison made with England and Wales. It will analyse the compatibility of laws governing the search and seizure of digital evidence. 'Compatibility' here refers to the existing regime of laws that governs search and seizure of digital evidence, as tested against various standards. The compatibility here may be understood to examine: insufficiency of legal powers under the existing regime of law; powers that are granted but that may be inappropriate in scope; and incompatibility with regard to the manner of enforcement when dealing with digital evidence. This research also argues that the values of fairness and effectiveness are relevant and important parameters within which the search and seizure of digital evidence procedures must be conducted. |
