The use of computer simulation evidence in court

How new technologies are and will be utilised by the English Courts in delivering a modern-day justice system is increasingly interesting. Telephone conferencing is now regularly used by judges and solicitors for routine Case Management Conferences. Video-conferencing is increasingly used in courtrooms as a means of facilitating the examination of witnesses. In contrast, the use of computer-generated sequence (computer simulations), another method of presenting evidence to Court, has struggled to date to be accepted to any great degree. So far, apart from a few specific cases, the main use of such technology in the English Courts has been primarily in Inquiries and Coroner's Courts – forums where it is necessary to explore and consider a range of possibilities and outcomes – in considering what could have caused a particular event. In both civil and criminal cases where a judge is required to make findings as to actual events the use of such evidence has not been extensive. This article examines the use of computer simulations in evidence, looking in particular at its admissibility and potential challenges and investigating why, given the obvious benefits of this technology, do litigants (or their lawyers) seem so unwilling to use it?