Martin has extensive experience of defending in serious Encrochat cases and has been involved from the very start.
Encrochat was a Dutch company based in France that operated a mobile telephone business that involved modifications to the software on the phones that encrypted the data. Before it was hacked, there were approximately 60,000 customers across Europe prepared to pay large sums for their security and peace of mind. Encrochat used a messaging software system that encrypted messages once sent and decrypted them once they arrived at their intended destination, often by use of a password. This was supposed to stop infiltration by the authorities.
The Encrochat servers were based in France. They were outside of reach of the UK authorities and the application of the law in the Investigatory Powers Act 2016 (IPA 2016).
The French learned of the system and decided to hack it. In 2020, they placed a technical device which allowed them to access the encrypted messages. Data obtained by the French was shared with others, including the National Crime Agency in the UK. Their operation was codenamed “Venetic”. They formed a Joint investigation Team with the French (JIT) and as part of their work with the French, a Targeted equipment Interference (TEI) was issued under Par 5 of the IPA. A second warrant was issued in March 2020. The Operation Venetic material produced meant a substantial number of Prosecutions in the UK and a series of legal challenges. Those included in the Crown Court, the Court of Appeal and in the Investigatory Powers Tribunal.
The result of the various legal challenges to date is that the Encrochat evidence is generally admissible. As at 2023, there have been approximately 950 convictions in the UK based on his material. A further 1800 await trial.
There are still legal avenues available in certain cases to challenge the reliability of Encrochat evidence.
See cases of interest on this topic:
R v A,B,C and D (2021) EWCA Crim128
https://www.judiciary.uk/judgments/a-b-d-c-v-regina/
R v Murray & Others [2023] EWCA Crim 282
https://www.judiciary.uk/wp-content/uploads/2023/03/R-v-Murray-Others-2023-EWCA-Crim-282.pdf
SF and Ors v NCA IPT 21 05 CH
https://investigatorypowerstribunal.org.uk/judgement/sf-and-ors-v-nca-ipt-21-05-ch/
Martin has significant experience of appearing to defend in these cases which typically involve drug dealing in vast quantities. He will be able to advise on strategy and approach and will work closely with Solicitors and experts to assess the best possible avenues of defence.
