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10 November 2023 / Thomas Schofield
Issue: 8048 / Categories: Features , Crypto , Cyber , Criminal
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EncroChat: three years on

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Issues of admissibility & attribution in encrypted communications will become increasingly common, Thomas Schofield predicts
  • EncroChat, an encrypted messaging service, was used by organised crime groups until police infiltrated it three years ago.
  • Linking an EncroChat handle to a known individual is a complex process.
  • The admissibility in court of EncroChat evidence depends on whether it was obtained during transmission or storage.
  • If EncroChat were ruled generally inadmissible, appeals on a scale similar to the Post Office scandal would be likely to follow.

It is now more than three years since the French police infiltrated EncroChat, the encrypted messaging service alleged to have been used extensively by organised crime groups (OCGs) across the UK and Europe.

Since then, we are told that: more than 6,500 people have been arrested across the continent; and more than €900m, 270 tonnes of drugs, 270 properties, 83 boats, 40 planes and 923 cars have been seized by law enforcement.

EncroChat was a secure communications system permitting voice messages, chats and other forms of communication

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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