You may have seen press or social media reports in the last week that the secure communications provider Encrochat has ceased to operate after revelations their systems may have been hacked.
The company issued a warning to users via a final encrypted message saying that their secure systems may have been hacked and/or subject to unlawful seizure by law enforcement authorities.
The message also advised users to dispose of their handsets, as they could no longer guarantee the data contained was secure, with the potential for that data being used by the authorities across the globe to effect arrests and commence prosecutions. Reports suggest that law enforcement authorities across Europe arrested dozens of Encrochat customers in the days following the announcement.
Possession of such devices is not a crime, but there seems to be an assumption that a person who uses this network must be involved in illegal activities or part of an Organised Crime Group. This assumption is based on the cost of the device, and that no-one would need such high-end encryption unless they were involved in illegal activity.
How can this be the case? Encrypted data networks are used the world over by professional bodies, including the government. They want to keep their data secure, so why shouldn’t anyone else? In fact, in the UK, data holders are under a duty to keep their data secure – on a secret, and need-to-know basis.
If you are a customer of Encrochat or any other such platform, you may be concerned about the status of evidence that may be obtained under such a potentially unlawful seizure or hack. UK law, specifically England and Wales, has its own possibilities, however, each country’s laws and systems will vary.
In the same way that the law may vary from country, each case will also be different and must be examined with a full and careful assessment of the facts, evidence, and the law. A case may be similar, but that doesn’t make it the same.
If you find yourself with a case against you, it is vitally important that you get a specialised legal team on your side. It will be a team for your case, not a case like it, and can help determine the best possible outcome for your case’s advance and defence.
Police Interview Regarding Encrochat
Specialised and experienced legal advice is essential from the outset. If you are arrested, you need someone who has previous experience with such cases to have the best chance of a favourable outcome.
Our service runs 24-hours-a-day, seven-days-a-week, and our specialist Senior Solicitors are available at short notice to attend to your case at the police station or court. Discretion is important to us in delicate cases such as these.
It’s important to remember that your first police interviews are vital to any case they may be trying to build against you, and just one wrong move on your part may destroy your defence.
It’s not just a case of whether you have committed a crime or been involved in criminal activity, it’s about what evidence there is, and how you present your case.
Abuse Of Process In Your Case
In cases such as this, the Court has the power to dismiss a case entirely if it can be demonstrated that the evidence has been obtained unlawfully. Even if someone has committed an offence, if the authorities obtain their evidence unlawfully, the prosecution cannot proceed.
Abuse of Process is not a simple argument, however, as it requires detailed knowledge of the law and the ability to persuade the Judge to agree.
Our expert legal team includes solicitors, forensic experts, case analysts, senior barristers and QCs to deal with every aspect of these applications.
Is The Evidence Admissible?
While the Court may choose to stop the case entirely, it would be foolish to rely solely on an application regarding Abuse of Process or an Application to Dismiss.
Many other legal arguments may be presented to the Court to get you a favourable result should the above options fail.
We could make an application for evidence to be inadmissible under an s78 application; we could argue that evidence should not be used in the trial. Each case is different, and your best defence will be based on its own unique facts, evidence, and sets of circumstances.
Inadmissibility of evidence may completely destroy the case of the prosecution, forcing the CPS to abandon the case, or at the very least provide enough doubt in the minds of the jury to secure an acquittal.
It’s impossible to list every possible manoeuvre in every case, as every case is different. Your case is different. For example, we may highlight issues with a lack of disclosure involving chains of evidence or third-party material – that which is subject to Public Interest Immunity – in such cases. Our expert legal team will consider every unique aspect of your case to get you the best result.
If you should find yourself in this potentially difficult situation, getting expert advice from the start is critical. Our team is highly experienced with high-profile and serious complex criminal cases.
What To Do Next
If you are being investigated or have been arrested and the Encrochat hack could form part of a case against you, you need expert legal advice immediately.
Ashcott Solicitors are expert criminal defence solicitors who are specialists in all types of cyber crime and associated evidence. Please call our Manchester office on 0161 0161 234 0020 or our London office on 0203 053 8625. Alternatively, you can contact us by email by clicking here.
