Do I Have to Provide my PIN to the Police?
Do I have to provide my Pin to the police?
You have been arrested, the police have attended your home or place of work with a search warrant
allowing them to enter the relevant premises, search for potential evidence and to seize it for
examination. If the commission of
sexual offences
is suspected, then it can be almost guaranteed that some if not all of the items seized will be electronic such as; phones, tablets, computers, hard drives, cameras and USB devices, all of which may be password protected. You can then be faced with the dilemma of whether or not you provide your passwords/PIN to the police, and if you even have to by law.
During the search or upon arrest the police may casually ask you for the PIN or passcode to a device, but it is important that you understand your rights and entitlements surrounding this area of police investigation.
When might the police want my PIN or passwords?
Common sexual offences that warrant the need for access to electronic devices for examination include:
- Possession, making, distribution of Indecent Images of Children
- Rape
- Revenge Porn
- Sexual assault
- Sexual communications with a child
- Inciting a child to engage in sexual activity
Obtaining the PIN or passcode from you may make it easier and much quicker for the police to gain access to any relevant evidential material, it may also prove your innocence much quicker too. It is therefore important the decision as to whether to provide your PIN is carefully considered with the involvement of your lawyers.
Providing your PIN to the police will allow them access to the device for them to search the content and recover any incriminating evidence.
There is no guarantee that the police would be able to override the PIN to a device, at Eventum Legal we have dealt with many cases where the police haven't had the most up to date technology to break into certain devices.
Do I have to Provide My Pin to the Police
In short the answer to this question is no, unless the police have obtained an order from the court under
s.49 of the Regulation of Investigatory Powers Act 2000.
Therefore, when the police arrest you, execute a warrant or request the password from you in
police interview
you do not have to provide it, you are under no obligation to assist the police in their investigation by providing potential evidence against yourself.
If you are certain that there may be evidence on the device that assists your defence, then discuss this with a lawyer. This can arise for example in a case of rape whereby there may be text message evidence which supports your defence of consensual sexual intercourse, or no intercourse at all took place.
What is a S.49 RIPA Notice?
A S.49 RIPA Notice imposes a disclosure requirement on the person in possession of the relevant information. A person with the power to obtain the notice such as a police officer, National Crime Agency or other investigatory body must make an application to the court, and does so on the basis that it is one of more of the following:
1. necessary on grounds that:
(a)it is in the interests of national security;
(b)for the purpose of preventing or detecting crime; or
(c)in the interests of the economic well-being of the United Kingdom.
or
2. Necessary for the purpose of securing the effective exercise or proper performance by any public authority of any statutory power or statutory duty.
3. That the imposition of such a requirement is proportionate to what is sought to be achieved by its imposition, and
that it is not reasonably practicable for the person with the appropriate permission to obtain possession of the protected information in an intelligible form without the giving of a notice under this section, the person with that permission may, by notice to the person whom he believes to have possession of the key, impose a disclosure requirement in respect of the protected information.
The most common reason in cases concerning sexual offences, or domestic violence offences is for the purpose of preventing or detecting crime.
Prior to the police obtaining an official notice from the court or Superintendent of the police, they may give a s.49 RIPA warning, this is most likely to be given in a police interview, or in writing to the accused. The warning has no legal effect without being made formal.
What happens if I do not give my PIN or password to police?
If you have been served with a warning or an informal request for passcodes, you are not obliged to provide them. It is only important to consider the consequences when the request is made formal and a s.49 RIPA Notice is served upon you.
Failing to comply with a formal notice could result in a prosecution for not only the original offence being investigated, but an additional offence of failure to comply with a notice contrary to S.53 of the Regulation of Investigatory Powers Act 2000.
When prosecuting a individual for this offence the court or jury will have to be sure that the person accused was in possession of a passcode to any protected information at any time before the time of the giving of the S.49 notice, that person shall be taken for the purposes of those proceedings to have continued to be in possession of that key at all subsequent times, unless it is shown that the passcode was not in their possession after the giving of the notice and before the time by which he was required to disclose it.
Therefore it a defendant can show that they did not know the password at any time, then it can be a defence. However, strong evidence would be required, it may be that the police have seized a very old device and it can be shown that the device has not been in use for a considerable period, and therefore it may be quite credible for the accused to say they no longer remember the passcode.
There can be tactical reasons for your lawyers advising you not to provide the password, it could be that the original offence carries a much longer term of imprisonment than the offence of failing to adhere to the S.49 notice. It is important to discuss this with a lawyer should your case fall into this category as it must be a very carefully considered decision with reference to all legal implications that could arise for you.
Sentence for Failing to Adhere to a Court Order
A defendant convicted for an offence of failing to provide the required information and therefore, failing to comply with the S.49 Notice could be liable to a prison sentence of up to five years where the original offence concerns allegations of child sexual abuse, or national security threats. This therefore applies to offences such as possession, making, distributing of indecent images of children, sexual communications with a child, inciting a child to engage in sexual activity and grooming to name a few.
How can Eventum Legal help you
At Eventum Legal we practice solely in defending allegations of a sexual nature, and domestic violence allegations which often intertwine with each other. Almost all of our clients at some stage in their case will have a device seized with the intention of the police or NCA being to forensically examine it. We therefore understand and continuously develop our knowledge of the intricacies in this area of law, the rights of the police and most importantly the rights and entitlements to our clients.
If you have had an electronic device seized contact us today to discuss what steps the police may take, and whether at this stage you are required to consider providing your passcode or PIN to the police.
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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
