Lamlam Posted August 8, 2011 Share Posted August 8, 2011 Hi all, Do any of you know the legislation regarding the use of audio recordings (not visual, e.g CCTV) in court? For instance if you record somebody without informing them of doing so how likely is it that this can be used in court as evidence of their BS? I heard that it is OK to record somebody without their knowledge so long as you are not a journalist, how correct is this? Basically, if you know of the legislations name/Act and give me that, I can look it up. Thanks. Link to comment Share on other sites More sharing options...
just_words Posted August 8, 2011 Share Posted August 8, 2011 Whereabouts is the camera... Link to comment Share on other sites More sharing options...
Lamlam Posted August 9, 2011 Author Share Posted August 9, 2011 Not to criticise as I appreciate the reply, but simply referring to an article on Wikipedia is not useful at all. The recording was not over the telephone, but a covert recording of a conversation between I and another person (not as a journalist, but for individual records in case of future court proceedings (which have now taken place, yay foresight...)). The recording was by a digital dictaphone in my pocket. The court case will be via Civil Courts. If anybody has had a similar experience and advice/info to share, that would be great. Thanks. Link to comment Share on other sites More sharing options...
just_words Posted August 9, 2011 Share Posted August 9, 2011 I believe that it won't be admirable admissible then. But check with a legal advisor. If it had been CCTV, which was properly signed (which in many cases is small) then you'd be allowed. However, phone recordings of happy slapping etc have been admitted into court, so... Link to comment Share on other sites More sharing options...
Halibut Posted August 9, 2011 Share Posted August 9, 2011 I believe that it won't be admirable then. But check with a legal advisor. If it had been CCTV, which was properly signed (which in many cases is small) then you'd be allowed. However, phone recordings of happy slapping etc have been admitted into court, so... Surely you mean admissible? Link to comment Share on other sites More sharing options...
just_words Posted August 9, 2011 Share Posted August 9, 2011 Surely you mean admissible? mmm, I got it wrong and just used spell checker, i'm falling asleep... Last hot choccie then bed for me! Link to comment Share on other sites More sharing options...
HeadingNorth Posted August 9, 2011 Share Posted August 9, 2011 You need a lawyer to make sure of that; have you engaged a solicitor yet? He would know whether or not your covert recording is going to be admissible. If it isn't, it should be. Evidence should always be admissible however obtained; you can always prosecute someone for obtaining it illegally but it's still evidence. Link to comment Share on other sites More sharing options...
wysiwyg Posted August 9, 2011 Share Posted August 9, 2011 Perhaps you could produce a witness statement detailing the conversation and referring to the recording that was made? If a Judge orders you to produce the original recording then that would provide a defence if anyone objects to the recording being used. Link to comment Share on other sites More sharing options...
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