S & Anor, R v
Compelled disclosure of encryption keys under section 53 RIPA does not violate privilege against self-incrimination where the material exists independently of the will of the accused; statutory safeguards and proportionality ensure compliance with Article 6 ECHR; prosecution is not abusive.
- Parties
- Prosecution: R; Appellant: S; Appellant: A
- Jurisdiction
- England and Wales
- Judgment Date
- 09 October 2008
- Procedural Posture
- Criminal Appeal / Interlocutory Appeal From Preparatory Hearing
- Outcome
- appeal dismissed
- Legal Topics
- Privilege Against Self Incrimination, Encrypted Evidence, Regulation of Investigatory Powers Act, European Convention on Human Rights, Proportionality, Abuse of Process
Case Brief
Summary, issues, holding and outcome
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Parties
R
Prosecution
S
Appellant
A
Appellant
Procedural Posture
Criminal Appeal / Interlocutory Appeal From Preparatory Hearing
Legal Issues
- 1 Whether compelled disclosure of encryption keys under section 53 of RIPA violates privilege against self-incrimination
- 2 Compatibility of section 53 RIPA with Article 6 ECHR
- 3 Whether prosecution under section 53 RIPA should be stayed as abuse of process
Ratio Decidendi
Compelled disclosure of encryption keys under section 53 RIPA does not violate privilege against self-incrimination where the material exists independently of the will of the accused; statutory safeguards and proportionality ensure compliance with Article 6 ECHR; prosecution is not abusive.
Court Disposition
appeal dismissed
Orders
- Leave to appeal granted; appeals dismissed; prosecution under section 53 RIPA may proceed.
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