Security quotes of the week
Posted Jul 20, 2012 13:04 UTC (Fri) by james
In reply to: Security quotes of the week
Parent article: Security quotes of the week
This is something that really would need a qualified English or Welsh lawyer (which I am not), but reading the sections of the Act (linked to in the original post), it strikes me that
- Section 49 notices only "appl[y] where ... protected information has come into the possession of any person" with suitable statutory powers: it would be for the prosecution to prove beyond all reasonable doubt that this was a Section 49 notice, and if the data was not "protected information", then the alleged Section 49 notice was not a Section 49 notice;
"a person shall be taken to have shown that he was not in possession of a key to protected information at a particular time if—
(a) sufficient evidence of that fact is adduced to raise an issue with respect to it; and
(b) the contrary is not proved beyond a reasonable doubt",
which appears to be a very weak standard for the defence to meet: I would presume that the defendant would merely have to give evidence that he or she did not possess the key to "raise an issue".
In any case, the offence would be an "either-way" case, triable either before three lay magistrates with a maximum six month prison sentence, or before a jury in the Crown Court. In "either way" cases, the defendant can always elect to be tried by jury.
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