Work starts to reverse ban on using intercept evidence in criminal trials | Law | The Guardian

Work starts to reverse ban on using intercept evidence in criminal trials | Law | The Guardian. 17 May 2010

The UK contemplates allowing intercepted data to be admissible for evidence at trial. Two issues with potential waiver of this basic procedural rule. On the enforcement side, the waiver would endanger the process of interception as some techniques would become public instead of remaining ‘private’, endangering the sources of data. On the defence side, it is on contrary welcomed as a means to check government’s use of intercepting powers.

I wonder if the check and balances could not be better achieved by other means. Under RIPA, indeed, the safeguards are highly perfectible. First, there can be limits on the number of agencies/authorities able to use interception, an avenue that the current Government is exploring. Government to curb council ‘snooping’ powers, ZDNet.co.uk, 5 July 2010. Second, the Interception Commissioner is hardly an effective means to improve regulation of the sector.

Advertisements

About Audrey Guinchard

Senior Lecturer @ University of Essex (UK)
This entry was posted in Countries - UK, Investigation-2- Interception of communication, Trial - Evidence. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s