Legal issues
An informal request
Officers often ask for a PIN at arrest or interview. You can decline. The police can still keep the device and try to examine it.
A section 49 notice
- It must be in writing, say what is required and by when, and show who authorised it.
- It can require the PIN, password or key, or the information in an intelligible form.
- Failing to comply without a valid reason is an offence under section 53.
- A defence can arise if you genuinely do not have, or cannot remember, the key; the detail of how that is proved matters.
Evidence that matters
Whatever is on the device may become evidence. That cuts both ways: it may also contain material that supports your account. Your solicitor can discuss what is likely to be on it before you decide.
Reasonable lines of enquiry
Points to raise
- Whether the examination will be limited to what is relevant to the allegation.
- How legally privileged material, such as messages with a lawyer, will be protected.
- Whether data supporting your account should be extracted and preserved.
What happens next
If a notice is served, there is a deadline for compliance. Seek advice immediately. See police device seizure and digital evidence.
Immediate steps
- Do not give or refuse a PIN until you have spoken to a solicitor.
- Never give a PIN you know to be wrong.
- Do not remotely wipe or alter a seized device or its accounts.
What should you send us?
Send a copy of any notice, the deadline it gives, and the date your device was seized.