50 characters ? (was RE: Man jailed over computer password refusal

Peter Mitchell otcbn at callnetuk.com
Sat Oct 16 18:15:13 BST 2010

John Wilson wrote  on 15-10-10 20:00:
> Are you suggesting that immediately destroy it claim that the Police
> missed it but that I subsequently destroyed it?
> If so that seems a rather risky thing to claim. I'd have to explain
> why I'd destroyed the key and I'm not sure I could do that in a way
> which would be likely to convince a Jury. 

I do not think there is anything in RIPA to stop you saying "I destroyed the key because I didn't want the police coming back with a RIPA notice and forcing me to disclose my private documents".  There seems to be no obligation on a person to preserve his key in anticipation of a notice. 

I suppose the police could argue that destroying it amounted to an attempt to pervert the course of justice. But one would hope they would first have to prove that some other crime had been committed that the suspect was trying to conceal. 

Pete Mitchell

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