Love v National Crime Agency: 10 May 2016

(City of Westminster Magistrates Court) The NCA had made a request to the court for an order that the now claimant surrender, under the 1897 Act, passwords to encrypted computer files. An application had already been made under the 2000 Act, to which the claimant had replied that he did not have the passwords sought. On his application for the return of the computers held, the NCA sought orders under case management rules for the disclosure of the passwords. The claimant now objected that the request was an abuse of process, and that the police had and should use the 2000 Act which provided appropriate safeguards.
Held: The NCA’s request was refused. The correct procedure was under the 2000 Act with the inherent HRA safeguards incorporated therein. Case management rules are necessary to fulfil their objectives which include the early identification of the real issues in the case and, as per the new CPR relating to applications under the PPA, the applicant to explain his interest in the property

District Judge (Magistrate’s Court) N Tempia
Police Property Act 1897, Computer Misuse Act 1990 1(1), Regulation of Investigatory Powers Act 2000, Magistrates Court Rules 1981 3A, Criminal Procedure (Amendment)
Rules 2016
, European Convention on Human Rights 1 8
England and Wales

Police, Human Rights

Updated: 10 November 2021; Ref: scu.563252