Common law powers to force disclosure etc

Peter Fairbrother zenadsl6186 at
Tue Mar 25 03:50:34 GMT 2014

On 24/03/14 09:48, Francis Davey wrote:

Francis, thanks for the detailed answer.


> Of course a writ of detinue couldn't have been used for an encryption
> key because it is not a chose in possession so cannot be wrongfully
> detained.

Didn't someone from the Home Office once argue that it was?

I'm a bit fuzzy on this, but the existence of the key as a separate 
entity was essential to some argument that in demanding a key they were 
forcing people to give up an object rather than providing testimony 
against themselves.

Though I don't know whether they could order you to give up the key to a 
safe with evidence inside it.

-- Peter Fairbrother

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