Encrochatment and Encro mobile phone evidence and its addmisability

The increasing use of mobile phones in our daily lives has led to a corresponding increase in the use of mobile phones as evidence in legal proceedings. However, there are a number of evidential difficulties associated with mobile phone evidence, particularly in cases of encroachment, that can make it difficult for such evidence to be admissible in court in the United Kingdom.

Encroachment refers to the unlawful access or interception of another person's electronic communications, such as phone calls, text messages, or emails. Encro mobile phones are devices that have been specifically designed to facilitate encroachment, and their use is becoming increasingly common in criminal activity.

One of the main evidential difficulties associated with encro mobile phones is the difficulty in establishing the authenticity of the evidence. Encro mobile phones often use encryption to protect the identity of the user and the content of their communications, which can make it difficult to establish the source of the evidence and ensure that it has not been tampered with.

Another difficulty is the issue of legal privilege. Legal privilege protects communications between a client and their legal advisor from disclosure, and it is not clear whether encro mobile phone evidence that may contain such communications can be used in court.

In addition, the use of encro mobile phones may also raise issues of human rights and privacy. Article 8 of the European Convention on Human Rights provides for the right to respect for private and family life, home, and correspondence, and it is not clear whether the use of encro mobile phone evidence may infringe upon this right.

Despite these evidential difficulties, mobile phone evidence, including encro mobile phone evidence, can still be admissible in court in the United Kingdom. The admissibility of such evidence will depend on a number of factors, including the reliability of the evidence, the fairness of its acquisition, and the public interest in admitting it.

In order for mobile phone evidence to be admissible, it must first be relevant to the case and must have been obtained legally. The evidence must also be reliable and its authenticity must be established. This may involve examining metadata associated with the evidence, such as the date and time of the communication, the location of the device, and any digital fingerprints or signatures.

In addition, the court will consider the public interest in admitting the evidence, taking into account factors such as the seriousness of the offence, the probative value of the evidence, and the impact on the defendant's human rights.

Overall, the admissibility of mobile phone evidence, including encro mobile phone evidence, in UK courts will depend on a number of complex factors, and it is essential that lawyers and judges are aware of the evidential difficulties associated with such evidence in order to ensure that it is properly admitted and evaluated.

Tariq Khan LL.B (Hons)

Solicitor – Criminal Litigation

Gray’s Defence Solicitors