Issue 179  6th February 2021

An attempt to stop prosecutors using messages from hundreds of phones that were part of the Encrochat secret communications network in court has been rejected by the Appeal Court. Judges ruled the messages, obtained by French police by hacking the phones, were not gained by "interception". Under British law, evidence from interception cannot be used in court. The National Crime Agency believes Encrochat was mainly used by criminals, often to trade drugs and guns.

The key legal argument centred on a piece of "malware" placed by French experts on Encrochat phones worldwide. It sent copies of every message to a police server... If the implant had collected the messages as they were being transmitted, this would amount to interception of the communications... But the judges decided the data was in fact being stored temporarily on the devices as it was processed, before being transmitted. They said this was evident because during the actual transmission the message were encrypted, and therefore couldn't have been read, as they were by the police. The data collected also included crucial username information from the phone's storage memory, which is not sent as part of the transmission.

From Monday 15 February 2021, the Evidence Presentation System (EPS) will begin rolling out to Crown and magistrates’ courts, replacing the existing device used in courtrooms to present multi-media evidence, Clickshare, for which technical support will end in April.

The EPS technology, which can be provided through a cable or wirelessly through wifi, was successfully tested at Guildford Crown Court in November 2020 and has been approved for wider introduction as a solution by the Senior Presiding Judge, with the Bar Council also expressing support. A wired and wireless solution will be introduced across courtrooms in Crown Courts, with wifi only in magistrates’ courts due to more common physical limitations.

A plan to roll out extended operating hours in Crown courts has been abandoned, according to an announcement by the Criminal Bar Association (CBA). In a Twitter post, the CBA said the Ministry of Justice has decided not to continue with the scheme and it 'will not be proceeded with in the foreseeable future. We consider it will not raise its head again’. However, the government said today that the scheme is still under review.

A host of new Nightingale courts is expected to be announced in the coming days, boosting the total number of emergency courtrooms in England and Wales to 60. Justice minister Chris Philp told the House of Commons this week that a further 20 courtrooms will open by the end of March, adding to the 40 already in operation. He did not reveal where they will be located. The Gazette understands that the majority of the new rooms will be used for criminal trials in England in order to tackle the Crown court backlog, which now stands at around 53,000 cases. HM Courts & Tribunals Service is also believed to be increasing the size of existing courtrooms through renovation work.

Two teenagers who tortured and murdered a vulnerable woman in her own home have been granted lifelong anonymity. The girls were 13 and 14 when they subjected Angela Wrightson, 39, to a vicious attack in Hartlepool. Both were jailed for a minimum of 15 years in April 2016. They were not named then because of their age and an interim injunction extended that anonymity after they turned 18. On Thursday, the High Court upheld the ban on naming the pair... In her ruling, Mrs Justice Tipples was unconvinced by arguments based on the threat of attack by others, but upheld the anonymity orders on mental health grounds and the risk of self-harm.

The Common Platform has gone live in further “early adopter” sites at Bristol Crown and Magistrates’ Courts, representing a major step forward for the Criminal Justice System in making the best use of digital technology. It has already been well established in Derby Crown and Magistrates’ Courts, and Chesterfield Magistrates’ Court and delivers a single, seamless source of information for participants in a criminal case from the initial point of arrest and throughout.

The next courts due to go live with Common Platform will be in the north-east and south-east regions: North Tyneside, Mid and South-East Northumberland Magistrates’ Courts, and Newcastle Crown Court, Guildford and Staines Magistrates’ Courts and Guildford Crown Court

Victims of rape and domestic abuse will be helped by a major £40m funding boost for specialist support services, the Government has confirmed today (1 February).

The £40m includes:

• £20.7 million for local, community-based sexual violence and domestic abuse services, helping to reduce the amount of time survivors have to wait for support. Male specific services will see a 60% funding increase following a significant increase in demand for support from men and boys.
• £16 million to recruit more independent sexual violence and domestic abuse advisers – increasing their numbers by around 400 meaning more victims of all ages can access this vital support.
• £2 million for smaller specialist organisations helping BAME, LGBTQ+ or disabled victims.
• £1.3 million for remote and online services – allowing more victims to access support while at home. £800k of this will go to Finding Legal Options for Women Survivors (FLOWS), a digital tool that helps victims of domestic abuse to apply for emergency protection from the courts.