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<p>The police are operationally independent of the Home Office and the use of their
powers to investigate crime, including operational guidance, is a matter for them.</p><p>Current
guidance issued by the National Police Chiefs’ Council (NPCC) and the Crown Prosecution
Service (CPS) stresses that decisions to access mobile phones have to be made on a
case-by-case basis, balancing reasonable lines of inquiry with the right to privacy.
Mobile phones of complainants and witnesses may only be accessed with their informed
consent.</p><p>The NPCC and the CPS will engage with stakeholders, including the In-formation
Commissioner’s Office, on this issue.</p>
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