Man jailed over computer password refusal
otcbn at callnetuk.com
Thu Oct 7 09:27:55 BST 2010
Richard Jones wrote on 6-10-10 15:47:
> What I don't get is there must be some other evidence (eg. visits to a
> website from an IP address which can be tied back to him or his
That's how the police would got authorisation to seize the computer. Or perhaps he was arrested for some other reason and the police then obtained a PACE warrant to search his home.
> With this other evidence, go to court and prosecute him for
> the original offence, noting that this refusal to give up access to
> the computer is strong circumstantial evidence.
Of what? There are many reasons why one might not want the police poking in one's personal files, not all of them criminal.
> A jury would surely
> convict when face to face with strong IP address evidence and the
> refusal of the defendent to absolve himself by giving up the password.
As a juror I certainly wouldn't vote for conviction, in fact I'd send a note to the judge asking him to reprimand the CPS for abuse of process and seeking to pervert the course of justice.
> Or ... is the IP evidence not so solid, and the police made a mistake?
Clearly the original evidence (used to justify the search & seizure of the computer) could not on its own have been sufficient for a conviction.
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