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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    "Outstanding financial crime defence practice"

    Chambers & Partners, 2014 edition

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    "It’s a deluxe firm which pulls out all the stops for its clients"

    Chambers & Partners, 2014 edition

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    "They are the market leaders for serious crime’"

    Chambers & Partners, 2014 edition

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

    Legal 500, 2014 edition

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    "Hamraj Kang is noted for his very sharp legal brain"

    Legal 500, 2014 edition

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

    Legal 500, 2014 edition

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    "Hamraj Kang is a shrewd tactician and very experienced"

    Legal 500, 2013 edition

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

    Chambers & Partners 2013 edition

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    "Adept at dealing with cases that have an international dimension"

    Chambers & Partners 2013 edition

    Encrypted Information | Kangs Criminal Solicitors

    Criminal Defence Solicitors | Vat & Tax SolicitorsNEWSEncrypted Information | Kangs Criminal Solicitors

    Jun

    19

    June 19 , 2017 | Posted by Kangs Solicitors |

    Encrypted Information | Kangs Criminal Solicitors

    Suki Randhawa of Kangs Solicitors explains the powers available to Law Enforcement Agencies to obtain disclosure of encrypted and /or protected items held by suspects in criminal proceedings, and the penalties for non-compliance.

    Regulation of Investigatory Powers Act (‘RIPA’) 2000 | Kangs Criminal Team

    • Under Section 49 of this Act (‘the Act’) Law Enforcement Agencies have the power to serve notice (‘a notice’) requesting individuals to disclose information in relation to encrypted items they may lawfully hold.
    • A notice can only be served where appropriate permission has been given, normally by a Police Superintendent or higher rank.
    • A notice will be served where there are reasonable grounds for believing that:
    1. the key to the relevant protected information is in the possession of the person on whom a notice is being served;
    2. serving a notice imposing a disclosure requirement is necessary for reasons set out, or necessary for securing the effective exercise of proper performance of any statutory power, or duty of a public authority;
    3. imposing a disclosure requirement is proportionate to what is sought to be achieved by doing so and
    4. an intelligible version of the relevant protected information cannot be obtained by any reasonable means.

    Failure to Comply and Punishment | Kangs Criminal Defence Solicitors

    Under Section 53 of the Act the maximum penalty for failing to comply with a notice is:

    1. In a national security or child indecency case – five years imprisonment;
    2. In any other case – two years imprisonment and /or unlimited fines in relation to both;
    3. On summary conviction – imprisonment for a term not exceeding six months or a fine.

    Defence | Kangs Criminal Defence Team

    A defence may be available to a person who can show that it was not practicable to comply with a notice immediately but there was compliance as soon as reasonably practicable.

    How Can We Help? | Kangs Criminal Defence Solicitors

    If you are contacted by a Law Enforcement Agency and served with a notice then you should ensure that you protect your rights and entitlements from the outset by obtaining the best legal advice.

    Our specialist team is here to help you and can be contacted by any of the following:

    Sukhdip Randhawa
    srandhawa@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 6396 | 07989 521210 (24 hour emergency number)

    Helen Holder
    hholder@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 6396

    Steve Micklewright
    smicklewright@kangssolicitors.co.uk
    020 7936 6396 | 0121 449 9888

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