The following is a letter to insidetime, from issue August 2010
How many Inside Time readers are in jail for drug importation or supply? How many were under observation for months? And how many, when brought to trial, were convicted when the prosecution produced their phone bills and asked the jury to draw an adverse inference as to what they were saying, basically to guess! It is notoriously hard to defend yourself against an inference and the consequences are a double figure sentence. However, the police and prosecution are playing fast and loose with the law and for many there could be grounds for appeal.
You can take it for granted that you will have been under some sort of surveillance for quite some time for the purpose of ‘intel’ and, as such, it will not appear in the unused evidence and you will be none the wiser. It is not until the bills etc are produced for the jury that your right to disclosure comes into play. You are entitled to anything that undermines the prosecution or assists the defence. If you find yourself in this situation there is a remedy, write to: The Investigatory Powers Tribunal, PO Box 33220, London SW1H 9ZQ.
This organisation has wide ranging powers to investigate and demand information from anybody using Regulation of Investigatory Powers Act 2000 (RIPA) authorities against you; i.e. the police. If your phone bills are used against you whilst prosecution are sitting on tapes and transcripts of the same billing then it’s illegal and non-disclosure and this tribunal will be able to find out. Write to them, you have nothing to lose and everything to gain.
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