In the case at the centre of this judgment, a Crown Court judge stayed proceedings after ruling the failure to seize a mobile telephone belonging to one of the complainants meant the defendant could not have a fair trial.
The CPS appealed this ruling and the Court of Appeal has ruled in favour of the CPS, deciding that a fair trial would have been possible.
Importantly, the Court of Appeal has handed down guidelines which emphasise that seizing a phone is not automatically a reasonable line of enquiry in every case.