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Jon
Jon, Lawyer
Category: UK Law
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Experience:  Barrister, solicitor, BSc (Hons), MIOSH, MCIEH, FRIPH, MIOL
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Im trying to find out whether a voice recording of a conversation

Resolved Question:

I'm trying to find out whether a voice recording of a conversation (recorded by someone taking part in the conversation using a digital voice recorder concealed on his/her body) can be used in a UK court as evidence.

Also, is it legal to make such a recording without the knowledge or permission of all those taking part in the conversation?

Similarly, how does this apply to phone conversations? I know it is legal for an individual to record his/her own phone conversations, and that he/she would need to ask the other person taking part in the conversation for permission to use any of it in court (unless the other party had been made aware at the beginning of the call that it was being recorded and might be made public).

Also, how does this apply to a transcript taken from a recording of a phone call as described above? Can that be used in court as evidence without consent from the other party? Could one produce a CD (containing the recorded conversation) as proof of the veracity of t
Submitted: 5 years ago.
Category: UK Law
Expert:  Jon replied 5 years ago.
Recordings can be produced, but there are some restrictions on both recordings and therefore transcriptions which come from the Regulation of Investagtory Powers Act and the case law surrounding it. If recordings are being made, then all parties should be made aware that this is happening/could happen, otherwise the recording has to be authorised in advance, which can only be done in limited circumstances by certain bodies. This is why on many company phone systems there is a message at the beginning of the call that advised the call may be recorded.

Regards
Jon
Jon, Lawyer
Category: UK Law
Satisfied Customers: 41
Experience: Barrister, solicitor, BSc (Hons), MIOSH, MCIEH, FRIPH, MIOL
Jon and 6 other UK Law Specialists are ready to help you
Customer: replied 5 years ago.
Hi. thanks for answer.

So, is it legal for someone taking part in a conversation to make a recording (using a digital voice recorder concealed on his/her body) without the knowledge or permission of other parties taking part in a conversation?
Expert:  Jon replied 5 years ago.
If the recording is for your own use, then yes it is legal. However, if the recording is then given to another party then the general principle is that it is not, unless permission is obtained first.

Hope that this helps

Regards
Jon


Expert:  Jon replied 5 years ago.
Did you know that you seem to have logged this question twice, by the way ?
Customer: replied 5 years ago.
Hi Jon,

Another question occurred to me...

I understand that the police in the UK are not allowed to use recordings of phone conversations in court. The same applies to UK citizens. However, a couple of days ago I came across a speech made by an MP in the Commons in 2005 in which he refers to the fact that although a rcording of a phone call transmission is not admissible evidence, a recording of the voice of a police officer making the call is admissible. As he puts it:

"The recording was made at the same time as being transmitted, but the transmission was not recorded. There was just the voice from the sound waves in the car. Accordingly, evidence from the tap could be used in court."

Would that apply to ordinary citizens as well - or just for the police?

Regards,

Jules
Expert:  Jon replied 5 years ago.
Hi
I am not familiar with the speech you mention, but it seems that what is being said is that the part of the conversation by the officer can be admitted - essentially, the police officer here is giving his consent to what he said being admitted, so that is fine. If the other side of the conversation were to be admissible, then either consent, knowledge of the recording in the first place or a 'RIPA authorisation would be required. The same would apply to ordinary citizens, although they cannot gain RIPA authorisations

regards
Jon
Customer: replied 5 years ago.
Hi,

So if an individual records him/herself talking on the phone using a normal voice recorder situated several feet away (whilst at the same time NOT recording the transmitted two-way conversation), could this be used as evidence in court?

Regards,

Jules
Expert:  Jon replied 5 years ago.
Dear Jules, yes that is right

regards
Jon
Customer: replied 5 years ago.
Hi Jon,

Sorry not to get back to you sooner.

Just so that I know: I inadvertently got two lines of questioning going on the same theme. I intended to have all questions on just one line but I got confused (new to the site!). So where am I now in terms of what is open or closed?

Thanks,

Jules
Expert:  Jon replied 5 years ago.
I will close this one and the other one about recording so that you have just the one post open
Regards
Jon
Customer: replied 5 years ago.
That's great - thanks.

So an individual can record him/herself whilst talking on the phone (but not the transmission) and make that public. But what if an individual records a two-way phone conversation transmission he/she has taken part in with one other person (without advising that person that the call is being recorded), could he/she share that recording with that other person (ie send a copy on a CD to that person)? Would that be considered unlawful or a breach of the other's rights?

Regards.



Customer: replied 5 years ago.
Just reread your last post. I mistakenly thought that one line about recording was being left open. I stll have one or two more questions - what is the best way to proceed?

Regards.,
Jules
Expert:  Jon replied 5 years ago.
Hi
You can either post them as new items on the general system, or post them to me directly by clicking here http://www.justanswer.com/profile.aspx?PF=14581150
I will close this one down for you

Best Regards
Jon

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