Criminal Trials: Intercept Evidence

Lord Beith Excerpts

Wednesday 9th June 2021 Lords Chamber

Asked by

[Lord Beith]

To ask Her Majesty’s Government what plans they have, if any, to change the law or practice on the use of intercept evidence in criminal trials.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I first apologise to the Lord Speaker because I stood while he was standing—we are all grappling with masks and other things at the moment.

We continue to assess whether the conclusions of the comprehensive review of 2014, which of course the noble Lord, Lord Beith, oversaw, remain valid. It is not possible to find a practical way to allow the use of intercept evidence in court. The Government will keep this position under review.

[Lord Beith (LD)]

My Lords, hundreds of arrests have been made because of the French police’s hacking of the EncroChat system used by criminal gangs, and more as a result of criminal use of the ANOM communication system, which was secretly controlled by the FBI. A recent Court of Appeal judgment means that much of this material could be used in evidence in UK courts. Does that not make the conclusion of the review to which the Minister referred now seem a little dated? The context has significantly changed, some of the obstacles that we foresaw in being able to make the change have been overcome, and maybe it is time to look again at it.

[Baroness Williams of Trafford (Con)]

My Lords, this is quite a complex area. The information was obtained using an equipment interference warrant rather than an intercept warrant, and there are checks and balances within the criminal justice system to ensure that one route is not used in order to facilitate another outcome. We remain of the view that the review undertaken by the noble Lord is still valid.