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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My son's mobile phone was confiscated by the police on the

Customer Question

My son's mobile phone was confiscated by the police on the 26 Nov 2015. At the time the police did not ask for the pin number of the phone but they asked for it sometime in March 2016. After all this time my son cannot remember the pin number and the police are threatening him with arrest if he does not give them the pin.
1 - Can the police expect to receive a pin number after several months the phone was confiscated?
2 - Why didn't the police ask for the pin number at the time when they knew that they wanted to access the phone?
3 - If the contents is so important to them why don't they use Cellbright to access the phone?
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you with this.If he cant remember it then he can not give it. They can not do anything about that. I am surprised the Police didnt ask at the time when they look it what the PIN was, but there you go.So in short if he cant remember there is nothing they can do to make him give it.Can I clarify anything for you about this today please?Alex
Expert:  Jo C. replied 7 months ago.
Hi. I'm afraid the answer above is wrong.Of course it is right to say that if he cannot remember the pin then he cannot provide it but there is an offence in refusing to provide it and they will suspect and pursue him for it. There may well be a defence in saying that he does not know it but whether that will be believed is another matter. It is not right to say that there is nothing they can do about this. He might well succeed in court but that is a different point.
Expert:  Jo C. replied 7 months ago.
The reason they didn't go to cell bright is that not all phones can be unlocked remotely.They should have asked about the pin. They failed. That does not provide a defence I''m afraid.Can I clarify anything for you?Jo

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