Providing false or misleading information in an application for a dedicated encrypted criminal communication device order, or DECCD access order, is an offence under section 80G of the Law Enforcement (Powers and Responsibilities) Act 2002 (‘the LEPRA’) which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A DECCD is defined by section 192O of the Crimes Act 1900 as a mobile electronic device that:
(a) Temporarily or permanently modifies the device’s factory operating system to block or replace key features usually available on the device’s operating system, and
Examples of key features usually available on a device may include voice call, web browser and geolocation services.
Examples of configurations intended to impede law enforcement may include:
‘Serious criminal activity’ is defined as:
Applications for DECCD access orders are made under Part 5A, Division 2 of the LEPRA.
The offence of providing false or misleading information in an application for a DECCD access order applies whether or not the application is made under oath or affidavit.
General legal defences to the offence include duress, necessity and self-defence.
If you are able to raise evidence of a general legal defence, the onus then shifts to the prosecution to prove beyond a reasonable doubt that the defence does not apply to the circumstances of the case.
You are entitled to an acquittal if the prosecution is unable to do this.
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