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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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Are spoken recordings of telephone conversations admissible

Resolved Question:

Are spoken recordings of telephone conversations admissible in a criminal court in England
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. At the outset, I assume that you are primarily asking these questions in relation to a defence in a criminal trial. If the telephone conversations are your own telephone recordings, then you may admit them in evidence, provided you are able to satisfactorily show that you properly prepared the recording device which made the recordings. These recordings may be admissible in your own defence in a criminal trial. However, if these recordings are third party telephone conversations, then you will have to show how they came into your possession and the basis on which they were made. If it is the prosecution who are admitting telephone conversations, then they merely need to show that the police had the necessary authorisation to record or to obtain the telephone calls and that they were recovered from the telephone company.

Customer: And authorisation is obtainable by police in all cases?
Expert:  Buachaill replied 3 years ago.
2. Dear XXXXX, Yes, police always get the authorisation should they seek it. Nowadays, because all phone records are retained under the Prevention of Terrorism Act, it is quite easy for the police to get authorisation.
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