Punishing silence is a dangerous concept and should be rejected in all but severe cases. But the consultation paper circulated by the Home Office sets out the hurdles, designed to protect the innocent, which prosecutors would have to jump. For a suspect to be charged and face a prison term of more than two years for failing to unlock computer files, he would have to be a convicted paedophile; his computer would have to contain indecent pictures of children; or there would have to be evidence that he had communicated the encrypted information to someone else. The court would have to be satisfied that the encrypted data was likely to contain illegal images of children. The battle against paedophiles, like that against money-launderers, has been made more complicated by the internet. It is reasonable that law enforcement acquires stronger powers to fight back.
Queenstown police are being given similar powers in Australia (thanks, Dave!)