ABSTRACT
This chapter considers the use of Social Networking Sites (SNS) evidence and the evidential rules that it may engage. It can create issues in relation to establishing provenance and authenticity of postings. The use of evidence from social networking sites in criminal proceedings has increased significantly in recent years. There are various ways in which it has impacted upon the criminal law, such as SNS content being exhibited as evidence and the posting or content itself constituting criminal activity. In criminal proceedings where such information is put before juries, in its raw form such information can have a powerful impact upon the outcome of proceedings if the process is not managed correctly by the court. 'Non-defendants' are not defined in the Criminal Justice Act 2003 but the term should include victims, whether or not they give evidence, the deceased in cases of homicide, witnesses, police officers who have been involved in the case.
