EncroChat and Encrypted-Evidence Defence Solicitors

EncroChat and other encrypted-message prosecutions frequently involve serious allegations of drug supply, importation, firearms offences or money laundering. The volume of material can be immense. A prosecution may rely on thousands of messages alongside telephone, cell-site, financial, surveillance and forensic evidence.

The central question is not simply what appears in a message schedule. The prosecution must prove its case against the particular defendant, including the attribution of a handle or device and the meaning and context of the communications relied upon.

Attribution of a handle or device

Prosecutors may seek to attribute an EncroChat handle or encrypted device by combining personal details in messages, photographs, location information, patterns of activity, conventional telephone use, surveillance and links to vehicles or addresses.

Attribution must be analysed rather than assumed. Important questions may include whether the evidence identifies one particular user; whether a device or account could have been shared or transferred; whether dates, locations and personal references fit the prosecution theory; and whether independent evidence supports or contradicts the proposed attribution.

Meaning, context and alleged role

Encrypted conversations often use abbreviations, nicknames, coded language and incomplete references. The prosecution may invite the court to interpret those exchanges as evidence of particular drugs, quantities, transactions or roles.

We examine conversations chronologically and in context. A message should not be isolated from what preceded or followed it. Where the prosecution alleges that a client directed others, financed transactions or occupied a leading role, that characterisation must be tested against the complete body of evidence.

Technical and evidential preparation

An encrypted-evidence case may require consideration of how material was obtained, processed and presented; attribution of handles and devices; timestamps and chronology; links between encrypted and conventional telephones; cell-site and location evidence; photographs and attachments; financial or cryptocurrency evidence; disclosure; and the need for expert evidence.

The courts have considered challenges concerning EncroChat material, but the precise evidential issues remain case-specific. Clients need advice directed to the actual material served in their case rather than broad assumptions about admissibility.

Large-case preparation

Peter Bonner & Co is accustomed to prosecutions involving multiple defendants and extensive electronic evidence. We organise the material, identify the prosecution’s alleged links, compare them with the client’s account and focus the defence on issues that can properly be contested.

We work with experienced criminal barristers and relevant experts where required. Legal aid may be available.

If you are under investigation or charged in a case involving EncroChat or other encrypted communications, call Peter Bonner & Co on 020 8297 1727 for confidential advice or request a confidential callback

EncroChat: frequently asked questions

Are all EncroChat messages inadmissible?

No. The courts have admitted EncroChat material. Any legal challenge must address the applicable law and the evidence in the particular case rather than assuming a blanket exclusion.

Can the attribution of a handle be disputed?

Yes, where there is a proper basis. We examine the evidence said to link the account or device to the individual and material that supports or contradicts that inference.

What if messages are incomplete or taken out of context?

We review the chronology and the surrounding communications, identify gaps and consider appropriate disclosure requests or expert assistance.

Does a message decide the sentence?

A sentence requires assessment of the proven facts and the individual’s role. Read our drug-supply sentencing guide.

Request a confidential discussion or call 020 8297 1727. See also serious drugs defence and POCA confiscation.