Encrypted Phones Defence - JMW Solicitors (2024)

If you are facing a potential criminal charge relating to the use of an encrypted mobile phone, the experts at JMW Solicitors can provide you with the legal advice, support and representation you will need to defend yourself.

Criminal investigations based on evidence retrieved from ‘encro’ phones are often serious for those involved, and if found guilty of an offence, the sentence could include imprisonment. When facing such allegations, it is important to have expert legal representation from the outset to give you the best possible chance of defending yourself.

JMW Solicitors are leading experts in the encro phone area of the law. We represent and advise suspects who are currently under investigation. We provide leading encrypted phone defence for defendants who now face criminal proceedings following their encrypted phone being compromised. We can offer you tailored legal advice of the very highest quality throughout your case.

For more information on how we can defend you against a charge related to an encrypted phone, call JMW today on0345 872 6666 or complete ouronline enquiry formto request a call back at your convenience.

How JMW Can Help

Our private client criminal law service is designed to provide a first-class level of care to those facing criminal allegations of any kind, and we have particular expertise in representing those facing charges pertaining to the activity of organised criminal groups.

If you are facing a potential criminal charge relating to the use of an encrypted mobile phone, our experts at JMW Solicitors can provide you with the legal advice, support and representation you will need to defend yourself. We have extensive knowledge of this area of the law and a track record of success in defending individuals accused of encrypted phone-related offences.

We currently represent and advise individuals and groups across the country who have already been arrested and prosecuted due to their encrypted phones being compromised, with our services including:

  • Advising you during an interview under caution
  • Investigating the prosecution’s evidence
  • Compiling the strongest possible case for your defence to be presented in the right way
  • Providing national court representation

We have experience representing clients in every court in England and Wales, from the Magistrates’ Court to the Crown Court, and can provide assistance throughout proceedings. The bespoke nature of our service means we are able to be as dedicated and thorough as required in cases such as these.

What are the Potential Offences Relating to Encrypted Phones?

Encrypted phone charges have become a hot topic in recent times after EncroChat - the messaging service used by encrypted phones - was compromised, revealing messages relating to the discussion, planning or arranging of criminal offences. These cases ranged from drug dealing to sexual and violent offences. In these cases, it is highly likely that the owner of the phone, and those they were in communication with, will be arrested and investigated for those offences.

As the EncroChat network was previously considered secure and untraceable, the use of Encro phones has often been associated with criminal activity and organised crime groups. This breach has led to mass arrests across the UK, with many individuals who have used an Encro device and EncroChat now facing criminal prosecution.

It should also be noted that under section 53 of the Regulation of Investigatory Powers Act 2002 (RIPA), it is an offence for a suspect to fail to disclose a password or code allowing access to electronic data, when served with a section 49 notice requiring them to do so.

For more information on the legal challenges surrounding encrypted phones, read our blog posthere.

The offences related to encrypted phones are serious, and if you are facing charges or are concerned about your legal future, call JMW on0345 872 6666, or fill in ouronline enquiry form.

Encrypted Phones Defence - JMW Solicitors (2024)

FAQs

Are encrypted phones illegal? ›

Are encrypted phones illegal? No, encrypted phones are legal in most countries. Most countries don't have any laws regarding encrypted phones. Among those that do, the US, Canada, and much of Western Europe have minimal if any restrictions on the use of encryption.

What happened to EncroChat? ›

EncroChat shuts down

The service has since been permanently shut down. However, the European agencies had had access to the service for months, and the damage had already been done. It is now just a matter of time as these agencies sift through the enormous amount of data at their fingertips.

Are military phones encrypted? ›

Secret Tunnels for Communication

Regular phone calls and messages can be intercepted, like someone listening to a walkie-talkie conversation. Military encrypted phones use special secure channels for communication. Imagine these channels as secret tunnels that only authorized people can access.

Who developed EncroChat? ›

The founders and owners of EncroChat are not known. According to Dutch journalist Jan Meeus, a Dutch organized crime gang was involved and financed the developers.

Can police get into an encrypted phone? ›

Can the police access an encrypted phone? Yes they can ,as long as they have a warrant. But companies like Apple don't agree to decrypt as they think it might violate their security agreement. But if the case is strong and if the mobile is involved in a crime scene and an active investigation is going on.

What is the FBI Anom phone? ›

The ANOM service was widely used by criminals, but instead of providing secure communication, it was actually a trojan horse covertly distributed by the United States Federal Bureau of Investigation (FBI) and the Australian Federal Police (AFP), enabling them to monitor all communications.

Can police recover encrypted data? ›

Police may use several traditional investigative techniques to obtain plaintext from encrypted data, most commonly through surveillance, search and seizure, and questioning.

Can police decrypt iPhones? ›

Law enforcement officials can try a brute force attack, but that can be a time-consuming and expensive process. Modern iPhones have 256-bit encryption, support four-digit, six-digit, and arbitrary length alphanumeric passcodes. By way of example, a computer could crack: a 4-digit passcode in 6 minutes and 34 seconds.

How do you tell if a phone is encrypted? ›

Storage settings: You can check your phone's storage settings to see if encryption is enabled. On Android devices, go to Settings > Security > Encryption & credentials.

What is the most hacked phone? ›

Samsung is ranked first on the ranking. Due to their widespread use worldwide, Samsung phones are a popular target for hackers. Hackers are known to exploit flaws in Samsung smartphones readily. The iPhone comes in second.

What is a cypher phone? ›

What is a Cipher Phone? A cipher phone, more formally known as a dedicated encrypted criminal communication device (DECCD), is a mobile electronic device which uses software or hardware modifications to change the operating system of the phone to block or replace key features of the phone.

Is it illegal to have an encrypted phone? ›

It is important to know that it is not a criminal offence to own an encrypted phone.

What is the EncroChat controversy? ›

Months earlier, police across Europe, led by French and Dutch forces, revealed they had compromised the EncroChat network. Malware the police secretly planted into the encrypted system siphoned off more than 100 million messages, laying bare the inner workings of the criminal underground.

What is an EncroChat phone? ›

EncroChat offered a secure mobile phone instant messaging service with 60,000 users worldwide and around 10,000 in the UK. The primary use was for co-ordinating and planning criminal activities including the distribution of illicit commodities and money laundering.

What will happen if you encrypt your phone? ›

Encryption stores your data in a form that can be read only when your phone or tablet is unlocked. Unlocking your encrypted device decrypts your data. Encryption can add protection in case your device is stolen.

Why would someone have an encrypted phone? ›

It would prevent, for example, somebody accessing your data if your phone was lost or stolen and protected with the encryption PIN or password. App or file encryption protects a subset of the information on your phone, but not all of it. In most practical senses, apps and files are quite distinct.

What level of encryption is illegal? ›

ISP license holders are freely allowed to use encryption keys up to 40 bits. Beyond that, they are required to obtain written permission and to deposit the decryption key with the Department of Telecommunications.

Is it illegal to use encrypted radios? ›

(a) Encryption is permitted on all but the two nationwide Interoperability calling channels. Radios employing encryption must have a readily accessible switch or other readily accessible control that permits the radio user to disable encryption.

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