The question before the Investigatory Powers Tribunal (IPT) in relation to the EncroChat case was whether the hacking and interception of EncroChat communications by law enforcement agencies were lawful and compliant with human rights. The IPT investigates complaints regarding the conduct of public bodies in carrying out covert surveillance and interception, ensuring that their actions are consistent with legal requirements, including those set out by the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016 (IPA).
The issue in the appeal might be fairly summarised as the defence wanting an adjournment of the trial (not for the first time) so that the IPT could provide its report into EncroChat evidence – in the hope that the content may be of some use to these defendants.
The Court of Appeal balanced the public interest in delaying proceedings in this serious matter against the potential that the report by the IPT might contain something upon which these defendants could rely. They found that the report was not on the issues that might have been argued before the trial court and that delaying for such a report was, therefore, pointless and against the public interest.
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