No Evidence Offered In A Case Involving An Allegation Of Failing To Comply With A Section 49 RIPA Notice

Our client was charged with one count of failing to comply with a notice requiring disclosure of a key to protected information, contrary to section 49 of the Regulation of Investigatory Powers Act 2000 (aka a RIPA notice).

The charge arose following a police investigation into serious allegations, during which officers seized a number of electronic devices, including a tablet they were unable to access.

A formal section 49 notice was initially served on another party. However, that individual did not inform our client that the notice had been served and, as a result, our client remained unaware of its existence for several months.

Once instructed, we acted promptly to clarify the circumstances in which the notice had been served and obtained a statement from the other party confirming our client's account.

The police subsequently provided our client with guidance explaining how to obtain the BitLocker recovery key for the device. Despite following the steps provided, our client was unable to retrieve the key. He offered to demonstrate to the police the steps he had taken in an effort to comply, but was informed by an officer that this was not necessary.

Our client maintained a not guilty plea on the basis that he had taken all reasonable steps available to him to comply with the notice but had simply been unable to obtain the required recovery key.

As part of the preparation of his defence, we sought further disclosure from the prosecution, including a statement from the relevant officer concerning our client's attempts to demonstrate the steps he had taken. That evidence was not served.

The case ultimately concluded when the prosecution offered no evidence, bringing the proceedings against our client to an end.

Rachel Hobba was the solicitor with conduct of this case and Chris Bealey of Crucible Law was instructed counsel.