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#Encrochat & Other “Intercepts” remain inadmissible as evidence. Beware 📞 block interception now


Intercepts remain inadmissible as evidence, which makes our jurisdiction an outlier. Is it time to allow their use, when this could boost transparency and build public confidence?


Intercepts – defined as ‘making available the content of a communication to someone other than the sender or intended recipient during the course of its transmission’ – are not admissible as evidence in English courts. This makes the jurisdiction an international outlier. It is especially odd as the UK has long been a world leader in signals intelligence.


Two justifications are advanced for this policy. One is that producing intercept evidence in court would give too much away about technical capabilities.


The second justification is the cost of converting snooping systems into a regime that would produce evidence robust enough to be produced and scrutinised in court.


A Privy Council study for the Home Office in 2014 noted that intelligence agencies ‘are not required to examine, record, retain and review intercept material to the high evidential standard that would be necessary under an intercept as evidence regime’. It calculated that such a setup would cost between £4.25bn and £9.25bn over 20 years and the benefits would be uncertain.


Parliament heard last year that the findings of the 2014 review remain valid. ‘It is not possible to find a practical way to allow the use of intercept evidence in court,’ home office minister Baroness Williams of Trafford said.




 

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