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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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I have lost a sim card for pay as you go phone which a solicitor

Resolved Question:

I have lost a sim card for pay as you go phone which a solicitor needs to prove the whereabouts of someone when an offence took place can he still do this without a sim card
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

I have lost a pay as you go sim card that could prove where somebody was situated when a crime took place about 10 miles away solicitor wants the sim so I am hoping he can still find out from phone masts ect without the sim card very worried

Expert:  Jo C. replied 2 years ago.
Do you have any payment information relating to the sim?

I suppose you must have topped it up at some point?
Customer: replied 2 years ago.

yes but only with cash but txt messages and calls at time of a crime being commited would prove that my friend was at home

Expert:  Jo C. replied 2 years ago.
How would your phone do that?
Customer: replied 2 years ago.

I thought the masts could provide a location of the phone user

Expert:  Jo C. replied 2 years ago.
Yes, but its your phone not his?

Its a little more complicated than that anyway.
Customer: replied 2 years ago.

can we still get the records or not without the sim itself ? i

Expert:  Jo C. replied 2 years ago.
Oh yes, its easy enough to do that. As long as you have the phone number they can trace the sim.

A pay as you go sim will not identify the subscriber of course. However, if you combine the fact that you have topped it up with the usage of the phone then its usually possible to show that a phone is in the custody of a particular person. Its always easier to do with contract phones but even with pay as you, if a phone regularly calls person A's mother, workplace, partner etc then there is a fairly strong inference that its in the custody and use of person A.

Cell site mast evidence isn't infallible though. Phones connect up to different masts as the signal fails or you move around. Thats why you get that searching message on your phone. However, it is fair to say that its usually possible to identify your rough location and if there is an allegation that you were, for instance, in Manchester when you were, in fact, in Brighton then its usually possible to cast doubt upon that.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
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