2011 Annual Report of the Interception of Communications Commissioner
Case Study 2 – Dorset Police use of Communications Data
Operation Rally - Dorset Police used communications data to very good effect when
investigating a violent robbery of a pensioner that occurred at an isolated dwelling in
March 2011. The victim was bound and physically tortured over a two hour period by
three masked men. Eventually the victim provided the offenders with access to two safes
and as a result 20 firearms, thousands of rounds of ammunition and £4,000 cash were
stolen. The case became a force priority with the main objectives being to recover the
firearms and minimise the risk to the public.
A range of communications data was acquired in relation to the case; this led to a significant
telephone number linked to the offence being identified. Analysis of the communications
data associated to that phone led to the identification of mobile phones linked to the
offenders. Analysis of the phone data was able to prove communication between the
offenders, as well as evidencing their presence in the vicinity at the time of the offence.
Further analysis evidenced their collective movement to the scene.
The communications data in this case formed the main strand of the prosecution case and
excellent quality analytical charts were prepared for court. Ultimately three defendants
were found guilty of robbery and received indeterminate sentences (IPPs) which in effect
represent 15+ years’ conventional prison sentences. The co-ordinator of the offence was
sentenced to 12 years imprisonment.The final defendant received a sentence of 12 months
for the possession of firearms
Case Study 3 – Westminster City Council use of Communications
Data
Communications data was used effectively in one investigation relating to a dishonest
locksmith who tricked vulnerable victims (who had either been burgled or locked out of
their houses), by carrying out unnecessary repairs and demanding extortionate sums. The
estimates were usually in the region of £98 to £128 in order for him to gain entry into
the victim’s premises, however once entry had been obtained, via drilling through the lock,
he informed the victims that new locks would be required in order to make the premises
secure at a further cost of £200 - £300. A number of those he preyed on were elderly or
lone women with children. Statements were obtained from 36 witnesses and an expert
locksmith examined the suspect’s work and concluded that unnecessary work had been
carried out and the costs should have been in line with the initial estimates.
Complainants supplied Westminster Trading Standards with the telephone numbers shown
in the locksmith’s adverts for his companies which operated throughout London and the
Home Counties. Subscriber data was acquired in relation to the telephone numbers used
by the suspect in connection with his trade and this data enabled investigators to link the
companies to the suspect.
At the Central Criminal Court on 22 July 2010 after a 5 week trial, the defendant was
found guilty of all 15 sample counts brought against him under the Fraud Act 2006. He was
remanded in custody pending probation reports and was sentenced on 31st August 2010,
to 4 years imprisonment. He was further banned from acting as a company director for 5
years. A confiscation investigation under the Proceeds of Crime Act 2002 is ongoing with
a full confiscation hearing scheduled to take place in April 2012.
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