Defence lawyers representing 11 defendants are now seeking leave to appeal the ruling directly from the Court of Appeal.
The appeal hinges on three legal grounds:
Whether the Investigatory Powers Tribunal was right to categorise multiple police investigations into criminal groups using EncroChat as a “single investigation”.
Whether the tribunal had breached the defendants’ human rights by blurring the distinction between thematic warrants and more intrusive bulk warrants.
Whether the tribunal had placed too much weight on claims made by the National Crime Agency’s strategic threat assessment that EncroChat was exclusively used by criminals.
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