Zhang, Aolan; (2024) Investigating the uses of mobile phone evidence through criminal justice process: an anatomy of front-line investigation in China. Doctoral thesis (Ph.D), UCL(University College London).

Text Aolan Zhang-18047044-PhD thesis.pdf - Submitted Version Access restricted to UCL open access staff until 1 July 2025. Download (4MB)

Abstract

As the amount of human activity conducted in digital environments grows, change in the traceability of these activities is a challenge for the criminal justice system. There is a paucity of research addressing the interpretation of digital traces: it remains unknown to what extent information from traces can be interpreted robustly and used to deliver justice. This PhD thesis considers the application of mobile phone evidence (data) in China, a research context that has received relatively little focus in forensic science and policing studies. This thesis intends to identify the challenges in collating mobile phone evidence and barriers to the exploitation of information contained in these data. This research employs quantitative analysis of evidence uses in 1900 criminal proceedings from 2013-2018 and a framework approach to analyse interviews with 34 police officers and prosecutors. This thesis identifies a gap between the expected intelligence value of mobile phone data and the limited probative value of mobile phone evidence. Only 3.3% of criminal proceedings include mobile phone evidence, which only had a direct influence on the final verdict in less than 20% of these cases. Yet, exploiting available mobile phone data is regarded as a necessary procedure for police officers. Findings suggest that the fundamental reason for this gap lies in a ‘law-framed’ reasoning processes through which intelligence gleaned from mobile phone data is used for supporting decisions in investigations. This thesis suggests that, when it comes to the procurement of technical support, interpreting evidence within the legal framework should serve as the cornerstone of proposed policies. Meanwhile, use of mobile phone evidence requires knowledge bridging connections between digital traces and suspects’ online and offline behaviours. Lack of this knowledge is identified as key barrier for investigators handling cyber-related crimes.

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