R v Mahmood and Khan

Evidence – Interception of communications. The Court of Appeal, Criminal Division, dismissed an appeal against conviction by two defendants, holding that the trial judge had not erred in admitting evidence of telephone conversations from prison which had been intercepted and recorded as a result of the prison's general blanket policy. That policy had not constituted a breach of the Regulation of Investigatory Powers Act 2000. Further, in the instant case proper authority had been given for the interception and recording of telephone calls at the prison; and the application process requesting the retention and use of the relevant material had been properly followed. Finally, the Crown had not failed in its duties of disclosure to a degree that had deprived the second defendant of a fair trial.

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