Practice and Procedure

R v (1) S (2) A (2008)

PUBLISHED October 9, 2008

[2008] EWCA Crim 2177

An offender who had been served with a notice under the Regulation of Investigatory Powers Act 2000 s.49 requiring him to disclose the password or keys to encrypted files, and who was subsequently charged with failing to comply with the notice under s.53 of the 2000 Act, could not rely on the privilege against self-incrimination as a reason for refusing to comply. The evidence on the files existed independently of the will of the offender, and the privilege against self-incrimination would be engaged only if the data itself contained incriminating material.

CA (Crim Div) (Sir Igor Judge (President QB), Penry-Davey J, Simon J)