The use of EncroChat evidence in criminal trials is still developing. As a result of Operation Venetic and the takedown of the encrypted messaging service, these cases are now starting to progress through the courts. We are dealing with a number of similar cases and the level of experience this brings in dealing with the unique evidential issues is invaluable. Through our work on these cases, we are aware of the latest case law, some of which has yet to be published.
Possession of such devices is not a crime, but there seems to be an assumption that a person who uses this network must be involved in illegal activities or part of an Organised Crime Group.
This assumption is based on the cost of the device, and that no-one would need such high-end encryption unless they were involved in illegal activity.
How can this be the case? Encrypted data networks are used the world over by professional bodies, including the government. They want to keep their data secure, so why shouldn’t anyone else? In fact, in the UK, data holders are under a duty to keep their data secure – on a secret, and need-to-know basis.
If you are a customer of Encrochat or any other such platform, you may be concerned about the status of evidence that may be obtained under such a potentially unlawful seizure or hack. UK law, specifically England and Wales, has its own possibilities, however, each country’s laws and systems will vary.
In the same way that the law may vary from country, each case will also be different and must be examined with a full and careful assessment of the facts, evidence, and the law. A case may be similar, but that doesn’t make it the same.
In cases such as this, the Court has the power to dismiss a case entirely if it can be demonstrated that the evidence has been obtained unlawfully. Even if someone has committed an offence, if the authorities obtain their evidence unlawfully, the prosecution cannot proceed.
Abuse of Process is not a simple argument, however, as it requires detailed knowledge of the law and the ability to persuade the Judge to agree.
While the Court may choose to stop the case entirely, it would be foolish to rely solely on an application regarding Abuse of Process or an Application to Dismiss.
Many other legal arguments may be presented to the Court to get you a favourable result should the above options fail.
We could make an application for evidence to be inadmissible under an s78 application; we could argue that evidence should not be used in the trial. Each case is different, and your best defence will be based on its own unique facts, evidence, and sets of circumstances.
Inadmissibility of evidence may completely destroy the case of the prosecution, forcing the CPS to abandon the case, or at the very least provide enough doubt in the minds of the jury to secure an acquittal.
It’s impossible to list every possible manoeuvre in every case, as every case is different. Your case is different.
For example, we may highlight issues with a lack of disclosure involving chains of evidence or third-party material – that which is subject to Public Interest Immunity – in such cases. Our expert legal team will consider every unique aspect of your case to get you the best result.
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HOW TO PREVENT THE NEXT ENCROCHAT & SKY ECC HACKING ?
Rule number 1 ☝🏼:
EncroChat evidences has been collected from the storage on the devices seized . A real military grade encryption device can’t be ever accessed by any digital forensic tools such as Cellebrite.
Rule number 2 :
Never 👎 use encryption services that are server based . Servers can be hacked easily and all data passing through them can be intercept. Servers also store the messages so that also this cloud based storage can be accessed and used as evidence.
Rule number 3:
Never , ⛔️ ever trust their party encryption services. The moment you trust a third party for generating your encryption keys, manage and store them for you , it’s game over . It’s like giving the keys of your bank vault to a total stranger .
Rule number 4 :
Stop 🛑 trusting cheap online encrypted phone suppliers! ⚠️ The garbage online are fake encrypted phones based on a $ 50 USD cheap Android cellphone bought in China and installed with a very low level security end to end encrypted messaging app.
Work like a pro, like intelligence agencies do ! Stop being scammed by online marketers selling you security illusions .
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