Richard O’Brien acted for the National Crime Agency in its recent victory before the Investigatory Powers Tribunal (“IPT”) in the “Encrochat” proceedings.
A group of lead claimants, all of whom were defendants in criminal proceedings involving serious criminal charges, challenged a warrant granted to the NCA pursuant to which it obtained the evidence relied on against the claimants. The evidence took the form of messages obtained from “Encrochat” devices, modified smartphones with a “secret” mode enabling owners to communicate in an encrypted fashion with one other. Such devices were popular with criminals throughout Europe until they were compromised following a joint French/Dutch operation in 2020.
The claimants alleged that the NCA’s warrant permitting it to obtain the encrypted messages was legally flawed on a variety of bases. The IPT dismissed all the arguments following a 7-day hearing. You can read the judgment here.
If you would like more information, please contact Dennis Peck.
