A senior lawyer informed the Crown Prosecution Service (CPS) that there was a “substantial danger” that police warrants to acquire messages from the encrypted cell phone community, EncroChat, can be discovered “illegal”.
Lord David Anderson QC suggested prosecutors in Might 2020 that the CPS may face “formidable arguments” over the lawfulness of warrants obtained by the UK’s Nationwide Crime Company (NCA) to reap messages from EncroChat telephones.
The recommendation was not disclosed to attorneys representing defendants charged with crimes on the idea of proof from EncroChat messages throughout a significant preparatory case final yr, it has emerged.
Anderson revised his recommendation just below three weeks later, following a briefing from the NCA to offer a extra beneficial view of the lawfulness of the operation.
British police have made some 1,550 arrests after acquiring hundreds of thousands of hacked messages from EncroChat encrypted telephones.
In response to the Nationwide Crime Company, which led the investigation within the UK – codenamed Operation Venetic – EncroChat telephones had been used nearly fully by organised felony teams.
Round 250 prosecutions are pending within the UK, involving a number of defendants who’re accused of cash laundering, supplying medication, violent crime, or firearms offences.