In our article posted to this site entitled ‘EncroChat Arrests’, we reported on arrests that had been made by law enforcement agencies in the UK and across Europe following successful access to the encrypted phone network called ‘EncroChat’ allegedly used by criminal networks.
Prosecutions of individuals charged with alleged criminal offences are now being pursued in Crown Courts and this has resulted in a challenge as to the legal admissibility of the material which was seized.
Sukhdip Randhawa of Kangs Solicitors now reports upon the circumstances leading to the Court of Appeal concluding that such evidence may properly be produced at court in support of a prosecution.
The team at Kangs Solicitors regularly advises clients in both criminal and civil proceedings upon the admissibility of evidence of varying nature including that obtained from telephone intercepts and other digital communications.
If you require assistance in respect of any of these aspects, we will be happy to assist you.
For an initial non-obligation discussion, please call our team at any of our offices detailed below:
The Court of Appeal Ruling | Kangs Encrochat Offences Defence Solicitors
During the course of proceedings before the Crown Court, the Judge found that communications had been recovered (intercepted) from storage as opposed to being intercepted at the time of transmission.
This decision by the Judge would result in the evidence which had been gathered being admissible at court in support of a prosecution and, accordingly, it was challenged and it came before the Court of Appeal for consideration.
Fundamentally, the Court of Appeal was tasked to decide whether, at the relevant time, the communications in question were being ‘transmitted’ or ‘stored’ in or by the telephone communications system.
The Court of Appeal agreed with the Judge that the communications had indeed been ‘stored’ at the time of interception and could be used in evidence to support a prosecution.
Accordingly, any further attempts to prevent such material from being presented during the course of a prosecution will be rejected which will assist considerably in the pursuit of prosecutions against suspected organised crime gangs.
The National Crime Agency has declared the Court of Appeal decision as the biggest breakthrough ever in the fight against organised crime.
How Can We Help? | Kangs Serious Crime Defence Solicitors
If any of the issues raised in this article affect you or you are concerned about the use of an Encro phone, it is advisable to seek expert advice and we will be happy to advise and guide you.
How Can I Contact You? | Kangs National Criminal Defence Solicitors
Hamraj Kang leads an award-winning team of solicitors nationally reputed for its excellence in both criminal and civil fraud defence work and investigations of every nature.
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