Since 2020 Encrochat has played a significant role in the UK Criminal Courts.
By 2024 the Court of Appeal, the Investigatory Powers Tribunal and other agencies have upheld the public interest over and above legal admissibility.
If you are facing a drugs conspiracy involving Encrochat evidence or general digital evidence it is imperative that you are appraised and advised of all legal
developments to date.
It will then be necessary to establish what evidence exists against you in the absence of the Encrochat evidence.
If there is other evidence upon which a conviction can be secured, then the defending teams should focus upon successfully challenging this evidence.
Instruction of experts and detailed defence statements can assist in achieving the best outcome for clients.
In Encrochat and criminal drug cases, the accuracy of evidence interpretation is vital for a individual’s outcome. Defence teams equipped with their own drug expert witness can properly challenge the Prosecution assertions on weight, value, interpretation and double counting. It is only then that just results are achieved at trial or during any ensuing sentencing or financial Proceeds of Crime Act hearing.
Narita Bahra KC leading Gordon Carse secured the best outcome for their client, namely a Sentence which was 2/3 less than the other individuals in the operation, who pleaded guilty, on an earlier date. The instruction of a respected Drug Expert Witness, a negotiated basis of plea and a full mitigation package was pivotal in achieving this result. The defence Drug Expert report resulted in Prosecution concessions regarding reduction of the weight of the drugs involved, that messages revealed that deals were not completed and that other messages were open to innocent interpretation. Further double counting in purported transactions were identified.
The client was delighted as after serving his sentence, the client will be in a position to rebuild their life with their young family.
Narita Bahra KC and Gordon Carse were instructed by Simon Omeara at Reeds Solicitors.