R v Thompson
Summary
Headnote
Parties
Full Judgment
JUDGMENT
Lord Justice Popplewell
1. This is an appeal against conviction. The appellant, David Thompson, was convicted on 5 June 2023 at the Central Criminal Court of conspiracy to supply Class A drugs. He was sentenced to 14 years' imprisonment.
2. The prosecution case relied substantially on messages recovered from the appellant's mobile telephone via an encrypted messaging application.
The Ground of Appeal
3. The sole ground of appeal is that the judge erred in admitting the encrypted messages into evidence. The appellant contends that the evidence was obtained unlawfully and/or that its admission rendered the trial unfair.
Digital Evidence Framework
4. The Investigatory Powers Act 2016 provides the legal framework for the lawful interception of communications. Under section 15, a targeted interception warrant may be issued by the Secretary of State where it is necessary for one of the purposes specified in section 20.
5. In this case, a targeted interception warrant was duly obtained. The question is whether the execution of the warrant, and the subsequent handling of the intercepted material, complied with the statutory requirements.
Analysis
6. Having examined the warrant and the evidence of the officers involved in its execution, I am satisfied that the interception was carried out lawfully and in accordance with the terms of the warrant.
7. However, this case highlights the need for clear guidelines on the handling of digital evidence from encrypted platforms. The volume of data that can be obtained is vast, and proper safeguards are essential to protect privacy rights under Article 8 ECHR.
8. The following principles should be observed: (i) applications for warrants must clearly specify the communications to be intercepted; (ii) material not relevant to the investigation must be destroyed promptly; (iii) the chain of custody of digital evidence must be meticulously documented.
Conclusion
9. The appeal is dismissed. The evidence was lawfully obtained and properly admitted. The conviction is safe.