Defence lawyers also take issue with claims made by the National Crime Agency in a classified version of its 2019 Strategic Threat Assessment that EncroChat phones were exclusively used by criminals.
They argue that the tribunal wrongly refused requests to examine the entire intercepted dataset of EncroChat material.
The IPT heard evidence during hearings in 2022 that later investigations showed that out of 7,404 UK EncroChat phones investigated, some 294 had not demonstrated a clear link to criminality.
The tribunal found, however, in its decision on 19 September 2022 that, even if it was later discovered that EncroChat was used for non-criminal purposes, only the information available at the time of the warrant was relevant.
It said that although material that emerged after the warrant was issued showed a “small number” of cases where there was no evidence of criminal use, there was no evidence of non-criminal use.
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