Am I required to provide my mobile phone PIN to the Police?

Given the recent high-profile case we thought that we would clarify the position in relation to mobile phones and whether you must provide your PIN to the Police. The answer is, that depends……….

Under section 22 of the Police And Criminal Evidence Act 1984 (PACE), the Police have the legal power to seize property, including a mobile phone, if they think it may contain evidence relevant to an investigation. If you are stopped and searched on the streets, but not arrested, the Police have no right to confiscate or seize your mobile phone.

At the Police station you have the right to remain silent and to refuse to answer questions, including responding to requests for your phone PIN. This also applies to other devices such as laptops.

The important issue is whether the Police can take further action if you say no….

There are specific circumstances, primarily under the Regulation of Investigatory Powers Act 2000 (RIPA), where failure to provide it can be a criminal offence. The Police can serve a formal notice called a section 49 RIPA notice on you, which requires you to provide access.  Failing to comply with this notice can result in imprisonment for up to five years.  The Police must obtain written permission from a Judge or District Judge, to give the notice.

It is a defence if you genuinely do not know the information.

However…..

Even if you were unable to provide the password then modern technology means that it may still be possible for the Police to access your phone, lawfully, without your cooperation, using specialist software. Encrypted data can ultimately be decrypted.

If the Police ask for your PIN it is always a good idea to seek legal advice.

We can advise you whether a s49 RIPA notice is lawfully made, if it is made in appropriate circumstances or whether you have a defence to put forward.

For free initial legal advice about any criminal matter contact our team on: 01606592159