On the other hand, the admissibility of evidence in Scotland is largely regulated by the common law and section 78 of the Police and Criminal Evidence Act 1984 has no application. That'll do the trick, Gee, you mean that surge to 800,000 applications in one year isn't entirely legit? The NCA has continued to make arrests and charge people under Operation Venetic while a series of legal challenges over the admissibility of evidence from the Encrochat devices rumble on. Read about our approach to external linking. He also pleaded guilty to possessing ammunition without a certificate. Explore in 3D: The dazzling crown that makes a king. Posted on February 7, 2021 by Thomas Leonard Ross KC. Jan Luke Carmichael, 34, of Knowsley Lane, Huyton, was identified by detectives as using the EncroChat handle 'Lemonlager' after sending selfies and images of his own hands from which fingerprint evidence was obtained. I'd need to give that some further thought, and I note that the Court itself recognises that this is not a universally held position., The judges also criticised defence expert witnesses, saying: The experts have an important role in explaining how a system works, but no role whatever in construing an Act of Parliament. In conclusion the Court stated (at paragraph 79)we have concluded that the only substantial question which the judge was required to answer was whether the EncroChat material was stored by or in the telecommunications system when it was intercepted. READ NEXT: 'My husband's body was treated like a bag of rubbish after he died on our living room floor'. The Court states that it would not have refused permission on the ground of standing if the Claimants grounds had merit. Different types of warrant apply depending on whether the intercepted message was being transmitted or was in storage somewhere on the system. Advertisement The Court decided that this case did not fall into that exception and hence the Court have jurisdiction. Thomas OBrien, 43, Finch Lea Drive, Huyton was sentenced to 18 years for conspiracy to supply cocaine and diamorphine, and conspiracy to supply cannabis. Encrochat is a brand of high-security mobile phones that offer their users anonymity when sending and receiving any mobile communications.
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