Digital Disclosure in Practice: Key Actions, Seizure and Record Keeping

By Bob Denaro (KPM) @ the BDG Training Team · June 2026

Digital disclosure is a time-consuming, complex exercise and unless it is addressed from the earliest stage of an investigation, it will be challenging to complete it properly before trial. These are the key actions, drawn from Annex A of the Attorney General's Guidelines on Disclosure and the leading case law.

Five key actions from the outset

1. Start early

Consider disclosure from the earliest opportunity. Unless the digital disclosure process is well advanced before a charging decision, there may be insufficient time between charge and trial to complete it properly.

2. Complete an Investigation Management Document (IMD)

In cases involving large amounts of digital material, complete an IMD outlining your approach to reasonable lines of enquiry. It sets out the digital strategy and ensures transparency of approach.

3. Handle digital material correctly

Take no action that changes data on a device that may be relied on in court. Keep an audit trail of all processes. If original data must be accessed, only someone competent and able to explain their actions to a court should do it.

4. Use a proportionate review strategy

You are not required to examine all digital material. Searching by sample, keywords or other analytical techniques is accepted practice, but search terms must be carefully selected (not too generic) and the approach documented and defensible.

5. Escalate resource concerns early

Digital disclosure may need additional resources and specialist software. Escalate concerns without delay, and seek early advice from the prosecutor in cases involving extensive digital data.

Seizure, imaging and record keeping

• Image on site where possible. A forensically sound image taken at the location may mean the original need not be seized, seizure for example of computers can seriously affect a business's ability to operate.

• Copy for the owner. Where originals are taken under PACE powers, copy or image the material for the owner when reasonably practicable (PACE Code B 7.17, or the equivalent provision under the relevant statutory power).

• Record everything. Keep a log of all digital material seized or imaged and share it with the prosecutor. In high-volume cases, set out the digital strategy, sampling techniques, keyword searches, software used and reasons in an IMD and subsequently a Disclosure Management Document (DMD).

• Make sampling defensible. Dip sampling must be robust and capable of repetition. Invite the defence to agree search parameters and suggest search terms.

•Never hand over device images wholesale. It is never appropriate to simply supply images of devices to the defence to conduct their own disclosure exercise.

Transparency and early dialogue

Encourage early dialogue with the defence about any reasonable of lines of enquiry which may support their defence case, any specific keyword seraches they suggest but this should be considered reasonable in the circumstances of the case, and make the approach explicit in the Disclosure Management Document.

Training that covers this

BDG's CPIA Disclosure Training covers IMDs, DMDs, proportionate review strategies and defensible record keeping — built around the cases your team actually handles. Email info@bdgtrainingconsultancy.co.uk.

This article is adapted from the BDG Investigator Bulletin, Edition 3 (June 2026). Download the full edition free — and subscribe to receive each monthly edition by email.

This article is provided for professional development purposes and does not constitute legal advice.