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Maverick
Maverick, Advocate
Category: UK Law
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Experience:  20 years proefessional experience
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I have just been informed that a telephone conversation with a relative had been record

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Hi i have just been informed that a telephone conversation with a relative had been recorded without my knowledge and has been passed over to the police to be used as evidence for an investigation thst they are conducting against my brother. In the conversation i had revealed i had known some facts about the accusation but did not act to contact the authorities. Can this recorded conversation be used against me and also serve to convict me for not acting earlier?
Submitted: 1 year ago.
Category: UK Law
Expert:  Maverick replied 1 year ago.
1. Regulation of Investigatory Powers Act 2000 ("RIPA") is the relevant law.
RIPA does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording without consent, however, is prohibited where some of the contents of the communication [including phone conversations] are to be made available to a third party.
2. Can this recorded conversation be used against me and also serve to convict me for not acting earlier?
This is somewhat of a tricky issue. On fundamental principles of law an unlawfully obtained piece of evidence should not be allowed in court. The RIPA also prohibits the product of unlawful interceptions to be admissible in court. But there is no clear answer in this case since the unlawful recording was not made by the CPS.
You also may be able to sue the person who made the recording for civil damages under RIPA.
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