Continuity
Definition
The property of an exhibit record that shows it passed from one documented custodian directly to the next with no unexplained gap. A continuous chain has no unaccounted interval during which the evidence was outside a named person's control.
- Field
- Chain of custody
- Property described
- Exhibit record with no unexplained custodian gap
- Requirement
- Direct handoff from one documented custodian to the next
- Failure mode
- Unaccounted interval outside a named person's control
Common questions
What specifically breaks continuity in a chain of custody log?+
A gap where the exhibit's location or custodian cannot be established from the record, such as a missing signature between two log entries, an evidence bag left in an unsecured location overnight without a named custodian, or a transfer that was never documented at the time it happened.
Does a broken continuity automatically make evidence inadmissible?+
Not automatically. Courts typically treat a continuity gap as going to the weight of the evidence rather than an absolute bar to admissibility, meaning the gap can be argued to the fact-finder as a reason to doubt the evidence's integrity, though the specific consequence varies by jurisdiction and the severity of the gap.
Related terms
- Admissibility
- Whether a piece of evidence is permitted to be placed before the fact-finder at all. Admissibility is a threshold question, decided by...
- Chain of Custody
- The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
- Exhibit Register
- The master log, maintained by the property or exhibits officer, showing every exhibit in a case, its reference number, current location, and...
- Exhibits Officer
- The designated person responsible for the physical security of all exhibits in a case. They receive items from collecting officers, log them...
- Tamper-Evident Seal
- A physical barrier (tape, sticker, wax) applied to packaging that shows visible damage if the package has been opened after sealing. Courts...