The EncroChat communications were intercepted whilst being stored, not when being transmitted, thereby making them admissible.
The central question for the court in this appeal was “whether the communications were intercepted at the time they were being transmitted [in which case they would be inadmissible] or, as the judge found, were recovered (intercepted) from storage. If the judge was right, subject to a number of subsidiary arguments, the evidence would be admissible.”
EncroChat material was obtained it was being stored in rather than transmitted by the system and was therefore prima facie admissible in evidence.
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