Open-source intelligence (OSINT) professionals spend years developing their skill sets. Firstly, they need to learn methods to ethically and effectively gather publicly available information. Additionally, every OSINT professional must have a deep understanding of structured analytical techniques. However, one skill not often focused on is presenting OSINT to a court-ready standard. One crucial aspect of making OSINT admissible is the preparation of an expert witness statement. This article explores the necessity of such statements and provides guidance on crafting them effectively using the MG11 template.

The Need for Expert Witness Statements in OSINT Cases

OSINT involves the collection of data from a wide array of public sources. While this information can be incredibly valuable, its admissibility in court is not automatic. Courts require evidence to be presented in a standardised, credible manner that can withstand scrutiny. An expert witness statement helps to convey that the information has been submitted by a professional expert.

An expert witness statement serves several critical purposes:

Establishing Credibility: It provides the court with information about the expert's qualifications and experience, establishing their credibility to interpret the captured data.

Explaining Methodology: The statement outlines the processes used to gather and analyse the information, ensuring transparency of a process conducted to the expected standard.

Contextualising Findings: It helps the court understand the significance of the intelligence presented within the broader context of the case.

Facilitating Cross-Examination: A well-written witness statement stating the facts may suffice the prosecution without an analyst needing to take the stand in court. If the prosecution seeks to cross-examine the analyst, the statement provides context to support a structured examination of the evidence.

The MG11 Template: A Framework for Expert Witness Statements

In the UK, the MG11 (Manual of Guidance 11) form is a template for witness statements used by police forces, designed to standardise criminal investigation work. While originally produced for law enforcement by the National Police Improvement Agency (NPIA), now the College of Policing, its structure provides an excellent framework for OSINT professionals preparing expert witness statements in any industry. 

Here's a step-by-step guide on how to effectively use the MG11 template to present OSINT as evidence:

1. Personal Details and Qualifications

Begin by stating your full name and occupation, followed by any relevant qualifications, experience, or relevant certifications in OSINT. This establishes your expertise and credibility to the court.

2. Statement of Truth

Include a formal declaration that the contents of your statement are true to the best of your knowledge and belief. This is typically worded as: "This statement, consisting of X pages each signed by me, is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything which I know to be false or do not believe to be true."

3. Introduction to the Case

Provide a brief overview of why you were called upon to provide expert testimony. Explain your role in the investigation and the specific OSINT tasks you were asked to perform. Provide specific details like who requested you to work on the case, the time they asked, and when you began working on the investigation.

4. Methodology

Detail your operational process step-by-step. This should include:

• Any tools and platforms used during the investigation
• Search parameters and keywords employed to find relevant results
• Data verification processes to determine results were accurate and reliable
• Analysis techniques applied to the raw data
• Any limitations or challenges encountered

Be thorough yet concise, ensuring that your methods can be replicated by another expert if necessary.

5. Findings

Present your findings clearly and objectively. Avoid speculation and stick to the facts derived from your investigation. For content captured during internet investigations to be admissible, investigators should collect available metadata, record the page with PDF screen captures, and hash downloaded files to show they were not tampered with. If the case is complex, use subheadings to organise different aspects of your findings.

6. Analysis and Interpretation

Explain the significance of your findings in the context of the case. Draw connections between different pieces of information and explain how they support or challenge the case's hypotheses. Be clear about which statements are factual observations and which are expert opinions based on your analysis.

7. Conclusion

Briefly summarise your key findings and their implications, acknowledging any uncertainties.

8. Appendices

Include any supporting documents, screen captures, or data visualisations, like timelines and link charts, that support your statement. Ensure these are clearly labelled and referenced within your main text. Generally, each submission is given a label of the investigator's initials followed by a number in sequence, such as SA1. 

9. Signature and Date

Sign and date each page of your statement, including any appendices.

Best Practices for OSINT Expert Witness Statements

Now that we've covered the structure of an expert witness statement, let's discuss some best practices to ensure your statement is as effective as possible:

Maintain Objectivity: Your role is to provide impartial expert analysis, not to advocate for either side of the case. Subjectivity could compromise the outcome.

Use Clear Language: Avoid industry jargon, such as “sock puppets”, where possible, and explain technical terms when they are necessary.

Be Consistent: Ensure that your statement aligns with any previous reports or testimony you've given on the matter.

Stay Within Your Expertise: Only comment on areas where you have demonstrable expertise. It's acceptable to state when something is outside your area of competence.

Document Everything: Keep detailed records of your processes as you go, as you may be asked to provide additional information during cross-examination. Having notes to refer to can refresh your memory if the court case is months after your investigative work.

Review and Revise: Have colleagues or legal professionals review your statement for clarity and completeness before submission.

Common Pitfalls to Avoid:

• Overstepping your expertise: Stick to what you know and can substantiate.
• Using ambiguous language: Be clear and specific in your statements.
• Failing to explain technical terms: Remember that your audience may not be OSINT experts.
• Neglecting to document your methodology thoroughly: This could undermine the credibility of your findings.
  
  

Capturing Data at the Source with Public Insights

Preparing an expert witness statement for evidence collected during an internet investigation is a critical step in ensuring its admissibility in court. Mastering the art of writing such a statement is therefore a vital skill for practitioners in this field.

By following the structure of the MG11 template and adhering to best practices, OSINT practitioners can present their findings in a clear, credible, and legally sound manner. This not only enhances the value of OSINT in legal proceedings but also elevates the professionalism of the OSINT field as a whole.

Cradle automatically finds addresses connected to people and businesses from over 30 million publicly available data points. Cradle provides the source for each result, meaning investigators can forensically capture the relevant evidence so that it can be relied on in court. Sign up for a trial today at https://cradle.publicinsights.uk/accounts/signup/.