Police Forced to Abandon Prosecution After Challenge to Phone Access Powers

Mr Sheehy recently represented a client charged after refusing to provide police with access to a mobile phone.

 The case raised an important legal issue concerning the scope of police powers under the Criminal Investigation Act 2006 (WA), including whether police can compel a person to disclose a mobile phone passcode or PIN giving access to the entire contents of their device.

 Mr Sheehy strongly challenged the legality of the alleged police power and filed detailed legal submissions arguing that the law did not authorise police to demand unrestricted access to all data stored on a person’s phone.

 Shortly before the trial, police sought to withdraw the charge. The defence opposed the attempted discontinuance on the basis that police were seeking to avoid judicial scrutiny of the legality of the power they had relied upon.

 After considering extensive written submissions, the Magistrate refused consent to the discontinuance on abuse of process grounds.

 Following that ruling, police offered no evidence and the client was acquitted. The Court also awarded significant legal costs in the client’s favour.

 While no binding ruling was ultimately made on the interpretation of the legislation, the matter highlights the importance of properly scrutinising the limits of coercive police powers, particularly where police seek access to the entirety of a person’s digital information.