No, my concern is that you seem not to understand that in the UK, not handing over the password is a crime and so requires the higher standard of proof. Part of that is that you have to prove the defendant even possesses the key (you can't hand over what you don't have).
A secondary concern is how often courts in the U.S. and seemingly in the U.K. have employed sophistry in an attempt to lower the standards for a conviction in general. In some cases by claiming something that looks exactly like a criminal conviction in every way is somehow something else.
BTW, criminal law is SUPPOSED to be unbalanced in favor of the defendant. The consequences of jailing the innocent are worse than the sonsequences of not jailing the guilty.