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The #Encrochat Case: How Has EncroChat Affected Proceedings. Why is there a rise in EncroChat Cases


The breach of the EncroChat platform is being relied upon as key evidence by the prosecution in a full range of criminal proceedings across the country.


Initially, there was a question as to the admissibility of EncroChat evidence, however, this has since been ruled on by the court. In R v C [2020] the Court of Appeal found the Crown Court and section 78 of the Police and Criminal Evidence Act 1984 (PACE) was the correct procedural process to seek to exclude EncroChat evidence.


The court went on further to confirm that the evidence was admissible in this case as none of the exclusions applied under section 78 of PACE as it was held the messages were recovered from the storage of the handset as opposed to intercepted.


More significantly in 2021, the Court of Appeal in R v A, B, D, and C [2021] EWCA Crim 128 ruled that EncroChat messages obtained in Operation Venetic were admissible in court. This means the Prosecution can rely upon the evidence it has obtained from EncroChat to support its case.

The admissibility of EncroChat evidence has had a huge impact on criminal proceedings as users of the platform were far more candid in their conversations, under the belief they could never be obtained by law enforcement.


This has now provided a valuable source of information on the operations of organised crime and as evidence for criminal proceedings. Much of this evidence is becoming the most significant evidence in the Prosecution’s case and resulting in defendants entering guilty pleas or being convicted on trial.



 

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