RE: [Raven] BBC Online 10/2/2000: "Surveillance bill under fire"

> From: raven-admin@ietf.org [mailto:raven-admin@ietf.org]On Behalf Of
> Richard Payne
...
> Presumably the right to silence, which still exists in the
> U.K., overrides
> the powers supposedly granted to the police by this bill?

It's a nice point.

See 49(1).
http://www.publications.parliament.uk/pa/cm199900/cmbills/064/00064--j.htm#4
9

The prosecution must show that the person "has or has had" possession of the
key, but if you are claiming it has been lost or forgotten, naturally that
is conceded. If you do claim it is lost or forgotten (or inaccessible), you
can't just leave it at that, because the burden falls on you to PROVE that
in order to establish your defence.

If nothing at all is said (that can be used in evidence)...I guess they DO
have to show that the person has or has had possession of they key (beyond
reasonable doubt). Interesting - that was not so in the July 99 E-Comms
Bill.

Comments ?
--
Caspar Bowden                    http://www.fipr.org
Director, Foundation for Information Policy Research
Tel: +44(0)171 354 2333      Fax: +44(0)171 827 6534

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