EncroChat wasn’t a crime in itself — it was an encrypted mobile phone system originally designed for privacy and security. It became widely used by people who wanted to communicate securely, including some involved in organised crime. In 2020, law enforcement agencies in France and the Netherlands managed to infiltrate the network, capturing millions of messages that were then shared with UK police. Since then, thousands of people have been arrested and charged with serious offences because of EncroChat data.
Why EncroChat is a problem
The key issue is that EncroChat evidence is unusual and controversial. The messages were obtained through covert international operations, and many defence lawyers argue that the way the data was captured and shared breaks UK legal safeguards. The reliability and admissibility of EncroChat material have been challenged in several court cases, with arguments about whether the messages were “intercepted” in breach of the Investigatory Powers Act 2016.
Despite these challenges, the courts have generally allowed EncroChat evidence to be used, leading to hundreds of ongoing prosecutions for serious offences. However, each case still depends heavily on how the data was gathered, stored, and interpreted — and whether the prosecution can prove beyond reasonable doubt who was actually using the device or sending the messages.
What kind of crimes are being investigated
EncroChat material has been used to investigate a wide range of serious offences, including:
- Large-scale drug supply (Class A and B)
- Money laundering and organised crime conspiracies
- Firearms offences
- Conspiracies to commit violence or kidnap
- Fraud and blackmail
Many investigations began years after the messages were captured, meaning people are now being arrested or charged based on data that dates back to 2019 or 2020. In some cases, the prosecution’s entire case rests on decoded chat logs and phone handles with no physical evidence linking the accused to the handset.
Why you need a solicitor — and what a good one will do
If you’ve been arrested, invited to interview, or charged in connection with EncroChat material, it’s vital that you have an experienced solicitor who understands how these cases work. EncroChat prosecutions are highly technical and rely on digital forensics, disclosure issues, and complex legal arguments about the admissibility of evidence.
A good solicitor will:
- Analyse the prosecution’s EncroChat evidence, including the data extraction reports, disclosure schedules, and device attribution reports.
- Challenge whether the messages can legally be used as evidence and whether the data was lawfully obtained.
- Examine whether there is independent evidence linking you to the device (for example, fingerprints, cell-site data, or witness accounts).
- Work with expert barristers and digital forensic specialists to interpret the material and expose any weaknesses or inconsistencies.
- Ensure that all reasonable lines of enquiry have been pursued, including evidence that may support your defence or undermine the prosecution’s case.
- Advise and represent you at each stage — from police interview to trial — explaining the process clearly and making sure you are treated fairly.
EncroChat cases are complex, technical, and often misunderstood. Having the right legal team from the start can make the difference between conviction and acquittal.
If you have any questions about EncroChat investigations, or if you need help identifying a solicitor who understands these cases, please contact us using the links below.