Question 1

How long does a computer misuse/hacking investigation last?

Accepted Answer

In the UK, fraud and cybercrime investigations typically take a minimum of one year to conclude and sometimes significantly longer. Police and other agencies are often relying on specialist technical advice from outside. The evidence they are trying to gather comes from different sources, including devices seized, other investigations, ISP data and financial records from various institutions including banks. This is a fairly difficult operation to manage, and investigators are often running the whole thing on a restricted budget. If the decision is made at the end of the investigation to bring the case to court, it will likely be several months more before it is finished.

Question 2

Will I get my digital devices back from the police and when will this happen?

Accepted Answer

Analysis of electronic devices can take some time. With essential items like your phone, you may be better off obtaining a replacement as soon as possible rather than waiting for your phone to be returned.

Devices can be kept by the police which are relevant to their investigation, but they do not have a right to keep those devices longer than necessary. This means that if computers or hard drives can be 'mirrored' and returned to a suspect with their data intact, they should be. If the devices could be used to commit further offences, police may refuse to return them and ask the court for permission for them to be destroyed at the end of the case. For example, if there was information or software on a computer which was used to commit an offence, then the device may not be returned at all.

Question 3

Do I have to give the police passwords or PINs to my devices?

Accepted Answer

If the police ask you to provide a password informally, you don't have a legal duty to do so. But if they make a formal request using a section 49 RIPA (Regulatory Investigatory Powers Act) notice, you are under a legal obligation to provide a password if it is within your knowledge. If you have forgotten it, this is a defence, but you may have to persuade a court that this is genuine. The sentence for a s. 49 offence can be up to two years imprisonment, or up to five years if the case involves sexual offences against children or national security (for example if it involves terrorism).

Question 4

Should I tell the police everything now to speed up my computer misuse case?

Accepted Answer

Trying to assist the police as much as possible, by cooperating as much as you can and hoping they go away often does not mean it will all go away. The police and investigators can withhold information from you during the investigation stage. They may be hoping that you tell them everything before they have even analysed your computers to see what evidence there actually is or whether there is any case against you. They may try and get you to admit to something before they actually have any evidence. That is why is essential to always exercise your right to have legal advice from an independent lawyer before any interview takes place.

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