England: the foundational ruling on stored EncroChat messages
On 5 February 2021 the Court of Appeal admitted EncroChat evidence. The central question was whether messages were intercepted during transmission or recovered from handset storage.
In A, B, D & C v Regina, the defence challenged admissibility under the Investigatory Powers Act 2016. For criminal evidence, the Act importantly distinguishes interception during transmission from stored communications.
The court upheld the finding that unencrypted messages were recovered from storage on the handsets. It held that the Targeted Equipment Interference warrants supplied lawful authority in this case; the evidence was admissible.
The appeal concerned a decision made before the criminal trial.









































